Zachary Love v. United States

United States Court of Appeals
For the Eighth Circuit
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No. 18-3583
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Eugenio Chacon-Ruiz
lllllllllllllllllllllPetitioner
v.
William P. Barr, Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: January 10, 2020
Filed: January 15, 2020
[Unpublished]
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Before GRUENDER, BEAM, and KELLY, Circuit Judges.
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PER CURIAM.
Eugenio Chacon-Ruiz, a citizen of Mexico, petitions for review of an order of
the Board of Immigration Appeals (BIA), which rejected his assertion that the agency
lacked jurisdiction to order him removed, and denied his motion to remand based on

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new evidence that he contended established his eligibility for cancellation of
removal.1
After careful review, this court concludes that Chacon-Ruiz’s challenge to the
agency’s jurisdiction over his removal proceedings is foreclosed by this court’s
precedent, see Ali v. Barr, 924 F.3d 983, 986 (8th Cir. 2019); and his challenge to the
denial of his motion to remand constitutes a disagreement with the BIA’s weighing
of discretionary hardship factors, and thus falls outside the scope of this court’s
review, see 8 U.S.C. §§ 1229b(b)(1), 1252(a)(2)(B); Caballero-Martinez v. Barr, 920
F.3d 543, 548 n.1 (8th Cir. 2019).
Accordingly, the petition for review is denied in part and dismissed in part.
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1The remainder of the BIA’s order is not before this panel. See Chay-
Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004) (claim not raised in opening
brief is waived).
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