⚖ Oral Arguments, with Context

The Second Circuit considers a father's effort to avoid removal to El Salvador because of the hardship to his children. An immigration judge denied his request, concluding that the hardship did not meet the demanding legal threshold. During his agency appeal, he submitted new evidence about his children's mental health and asked for the case to return to the judge. The immigration appeals board declined, saying he had not shown that his children would be unable to obtain treatment in El Salvador. He will argue that the board improperly assessed that new evidence instead of sending the case back for another hearing. Listen for the difference between care being limited and care being unavailable, and for the limits on what federal judges can review.

Diaz v. Blanche (No. 25-2880) — U.S. Court of Appeals for the Second Circuit, argued October 19, 2026.