Nunez-Reyes v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 27, 2026
Docket21-252
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 27 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAMIRO NUNEZ-REYES, No. 21-252
Agency No.
Petitioner, A205-150-621
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 27, 2026**
San Francisco, California
Before: BENNETT and H.A. THOMAS, Circuit Judges, and CARTWRIGHT,
District Judge.***
Ramiro Nunez-Reyes, a native and citizen of Mexico, seeks review of a Board
of Immigration Appeals (“BIA”) order affirming an immigration judge’s denial of
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Tiffany M. Cartwright, United States District Judge
for the Western District of Washington, sitting by designation.
cancellation of removal on the ground that Nunez-Reyes failed to show that his
“removal would result in exceptional and extremely unusual hardship” to his United
States citizen daughter. 8 U.S.C. § 1229b(b)(1)(D). We have jurisdiction under 8
U.S.C. § 1252(a)(2)(D), see Wilkinson v. Garland, 601 U.S. 209, 217 (2024), and
deny the petition.
We review the BIA’s hardship determination under the “highly deferential”
substantial evidence standard. Gonzalez-Juarez v. Bondi, 137 F.4th 996, 1002–03
(9th Cir. 2025). Under this standard, the BIA’s hardship determination is
“conclusive unless any reasonable adjudicator would be compelled to conclude to
the contrary.” Id. at 1002 (quoting 8 U.S.C. § 1252(b)(4)(B)).
The record does not compel the conclusion that Nunez-Reyes’s daughter
would suffer “out of the ordinary and exceedingly uncommon” hardship if Nunez-
Reyes were removed. See id. at 1006. As stated in the BIA’s order, Nunez-Reyes’s
daughter would remain in the United States with her mother, who would provide her
with emotional, physical, and financial support, and his daughter “does not have any
compelling medical or special needs that that w[ould] not be met if [he were]
removed.” Further, Nunez-Reyes would likely be able to find employment in
Mexico, allowing him to continue to support his daughter financially. Given these
facts—which we may not review, see Wilkinson, 601 U.S. at 225—the BIA
reasonably concluded that the hardship to Nunez-Reyes’s daughter, including any
2 21-252
mental health issues that she might suffer from his removal, would not “deviate, in
the extreme, from the norm.” See Gonzalez-Juarez, 137 F.4th at 1006. Nunez-
Reyes’s contention that the BIA applied the wrong standard by failing to consider
the future hardship his daughter would experience if he were removed is belied by
the record.
PETITION DENIED.1
1
The stay of removal is lifted.
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