NOT RECOMMENDED FOR PUBLICATION File Name: 20a0073n.06
Nos. 18-3338/19-3357
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Feb 03, 2020 VICTOR GALINDO-MUNOZ, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION WILLIAM P. BARR, Attorney General, ) APPEALS ) Respondent. )
BEFORE: SUHRHEINRICH, STRANCH, and NALBANDIAN, Circuit Judges.
SUHRHEINRICH, Circuit Judge. Petitioner Victor Galindo-Munoz ("Galindo-Munoz")
seeks review of a decision of the Board of Immigration Appeals ("Board") dismissing his appeal
and denying his motion to remand in Appeal No. 18-3338. He also seeks review of the Board's
decision denying his motion to reopen in Appeal No. 19-3357. We dismiss both petitions for
review.
I.
Galindo-Munoz originates from El Potosi, in the state of Durango, Mexico. Galindo-
Munoz entered the United States illegally in 1996. In April 2012 the Department of Homeland
Security ("DHS") notified Galindo-Munoz of its intent to remove him from the United States
pursuant to 8 U.S.C. § 1182(a)(6)(A)(i). Galindo-Munoz conceded removability and sought
cancellation of removal under 8 U.S.C. § 1229b(b). DHS opposed cancellation. Nos. 18-3338/19-3357, Galindo-Munoz v. Barr
Removal Proceedings. Galindo-Munoz testified in February 2016 that he has three
children - Galindo-Munoz ("Junior"), Juan, and Anna--who are U.S. citizens. The children were
12, 10, and 8 years of age at the time of the hearing. Juan and Anna are in good health, but Junior
was born with a cleft palate that requires surgeries and therapy, which are paid for by Medicaid.
Galindo-Munoz testified that his children would join him if he were removed and that Junior would
likely not have health insurance to continue his therapy. He did not know what, if any, treatment
options for Junior would be available in Mexico.
Galindo-Munoz is the domestic partner of the children's mother, Anna Flores. Galindo-
Munoz stated that he and Flores have been in a relationship for fourteen years. In April 2012,
Galindo-Munoz was arrested for assaulting Flores and restricted by court order from contacting
her for six months. They lived separately for fifteen months. During this time, Galindo-Munoz
visited the children, who were living with their mother. Galindo-Munoz said that he and Flores
reconciled in September 2013. Flores did not testify at the hearing. Galindo-Munoz explained
that she was afraid to testify because of her immigration status and because she was at work. Flores
also did not submit an affidavit or letter verifying their reunion.
Galindo-Munoz testified that if he returned to Mexico, he would live in his hometown and
return to agricultural work, but that this would not allow him to support Junior's medical needs.
Junior also testified. He stated that he has occasional pain and is doing well in school. Junior said
that he lived in the same house as his siblings and mom and dad. He testified that his mother
worked as a lawyer.
The Immigration Judge's Findings. The immigration judge found that, "[o]verall,
[Galindo-Munoz's] testimony was consistent, plausible, and persuasive." Galindo-Munoz met the
ten-year continuous physical presence requirement