The First Circuit has denied a petition for review filed by a Salvadoran father seeking cancellation of removal based on hardship to his two U.S. citizen children, one of whom suffers from asthma, holding that the immigration judge properly applied the BIA's hardship factors and that her underlying factual findings about the severity and treatability of the child's condition were unreviewable.
The Court held that it lacked jurisdiction to revisit the judge's factual findings that the son's asthma was under control and that the father failed to show he could not obtain or afford treatment in El Salvador, but retained jurisdiction to confirm the judge had not simply ignored the medical evidence. Because the judge expressly discussed the son's medications, hospitalizations, and the family's finances before concluding that the cumulative hardship fell short of the exceptional and extremely unusual standard, the Court found no legal error and denied the petition.
The full text of Espinoza Benitez v. Blanche can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-2029P-01A.pdf