Reyes Rodriguez v. Blanche
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 27, 2026
Docket26-60098
StatusUnpublished
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Full Opinion
Case: 26-60098 Document: 37-1 Page: 1 Date Filed: 10/27/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 26-60098
FILED
October 27, 2026
Summary Calendar
____________ Thomas B. Plunkett, III
Clerk
Jose Angel Reyes Rodriguez,
Petitioner,
versus
Todd Wallace Blanche, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A078 136 857
______________________________
Before Higginbotham, Jones, and Oldham, Circuit Judges.
Per Curiam: *
Jose Angel Reyes Rodriguez, a native and citizen of Mexico, petitions
for review of the decision of the Board of Immigration Appeals (BIA)
upholding the denial of his application for cancellation of removal by the
Immigration Judge (IJ). He asserts that his removal would cause exceptional
and extremely unusual hardship for his wife and children, especially his son
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-60098 Document: 37-1 Page: 2 Date Filed: 10/27/2026
No. 26-60098
who suffers from attention deficit hyperactivity disorder and requires special
services.
Pursuant to 8 U.S.C. § 1252(a)(2)(B)(i), we lack jurisdiction to review
the factual findings underlying the agency’s conclusion on the issue of
hardship. See Wilkinson v. Garland, 601 U.S. 209, 225 (2024). However,
whether an established set of facts meets the legal standard of exceptional
and extremely unusual hardship is a mixed question of fact and law that is a
reviewable legal question pursuant to § 1252(a)(2)(D). Id. at 216–17, 225.
Reyes Rodriguez’s arguments challenge the correctness of the
agency’s factual findings underlying its conclusion on hardship. However,
those factual findings are unreviewable. See id.; Sustaita-Cordova v. Garland,
120 F.4th 511, 518 (5th Cir. 2024). To the extent Reyes Rodriguez contends
that the established facts satisfy the hardship standard, the argument is
unpersuasive. See Cuenca-Arroyo v. Garland, 123 F.4th 781, 784–85 (5th Cir.
2024); Sustaita-Cordova, 120 F.4th at 518–19. Finally, the record belies
Reyes Rodriguez’s contention that the agency failed to consider the hardship
evidence in aggregate. See L.N. v. Garland, 109 F.4th 389, 396 (5th Cir.
2024).
The petition for review is DENIED.
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