Fortunato Martinez-Garcia v. Todd Blanche

── Fortunato Martinez-Garcia v. Todd Blanche ── Court: Court of Appeals for the Sixth Circuit Date: May 18, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0217n.06 Case No. 25-3879 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED May 18, 2026 ) KELLY L. STEPHENS, Clerk FORTUNATO MARTINEZ-GARCIA, ) Petitioner, ) ) v. ON PETITION FOR REVIEW FROM ) THE UNITED STATES BOARD OF ) TODD W. BLANCHE, Acting U.S. IMMIGRATION APPEALS ) Attorney General ) OPINION Respondent. ) ) Before: GIBBONS, MURPHY, and HERMANDORFER, Circuit Judges. JULIA SMITH GIBBONS, Circuit Judge. Petitioner Fortunato Martinez-Garcia seeks review of the Board of Immigration Appeals (“BIA” or “the Board”) order affirming the judgment of the immigration judge (“IJ”) denying his application for cancellation of removal from the United States. Martinez-Garcia contends that both the IJ and BIA committed legal error by determining that he did not present evidence demonstrating that his deportation would cause his qualifying relatives to suffer exceptional and extremely unusual hardship. For the reasons discussed below, we deny the petition for review and affirm the BIA. I. After multiple failed attempts, Martinez-Garcia successfully entered the United States from Mexico without inspection in 1999. He traveled here seeking economic opportunities for his family, as he was newly married and his wife, Rosa, was pregnant. A few years later, Rosa joined Martinez-Garcia in America with their then-infant daughter, Heidi. The couple had two more No. 25-3879, Martinez-Garcia v. Blanche children together following their entrance into the states, both of whom were born in Ohio: J.A.M. (2008) and J.E.M. (2010). On May 13, 2009, the Department of Homeland Security (“DHS”) initiated removal proceedings against Martinez-Garcia by filing a Notice to Appear with the Cleveland, Ohio immigration court. Martinez-Garcia admitted to the allegations made in the Notice to Appear and conceded his removability. However, on January 29, 2010, Martinez-Garcia filed for cancellation of removal. Under the Immigration and Nationality Act (“INA”), the Attorney General may cancel the removal of a deportable noncitizen if the noncitizen demonstrates that they have: (1) been physically, continuously present in the U.S. for a minimum of 10 years prior to their cancellation application; (2) “been a person of good moral character during [that] period”; (3) no convictions of a disqualifying offense; and (4) “establishe[d] that removal would result in exceptional and extremely unusual hardship to the [noncitizen’s] spouse, parent, or child” who is a U.S. citizen or lawfully admitted permanent resident. See 8 U.S.C. § 1229b(b)(1)(A)–(D). Martinez-Garcia claimed that his deportation would cause exceptional and extremely unusual hardship to his American-born children, warranting relief under the INA. At the time of his removal hearing, Martinez-Garcia and his wife had been separated for about nine years and his wife retained custody of the children. The IJ found Martinez-Garcia to be c