The First Circuit has denied a petition for review filed by a Guatemalan father who sought cancellation of removal based on hardship to his two U.S. citizen daughters. The petitioner argued that his daughters’ anxiety, sleepwalking, and eye conditions satisfied the exceptional and extremely unusual hardship standard.
The Court found that the agency’s hardship determination was supported by the record. The medical evidence did not compel a finding of qualifying hardship, the children’s conditions appeared stable, and the petitioner’s savings undercut his financial hardship claim. The Court also noted that care was reasonably available in Guatemala.
The full text of Argueta Castillo v. Blanche can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1297P-01A.pdf