Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit held that the non-LPR petitioner’s claim that the IJ and BIA failed to consider all the evidence of exceptional and extremely unusual hardship to his children, and that this failure constituted a denial of due process and an incorrect application of the hardship standard, was a challenge as to how the IJ and BIA weighed the evidence in support of his application for cancellation of removal, and was thus outside the court’s jurisdiction to review.
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Filed under: Jurisdiction denied | Tagged: BIA, eigth circuit, jurisdiction, jurisdiction of appellate court | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the statutory criminal bar to judicial review, INA §242(a)(2)(C), does not strip the court of jurisdiction to review the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent of the conviction that triggered the bar. The court denied the petition for review, however, because it found that the Immigration Judge did not abuse his discretion in denying the petitioner’s motion to continue.
Filed under: Immigration Attorney | Tagged: 9th circuit, jurisdiction of appellate court, jurisdictional stripping, motion to continue, ninth circuit, Petition for Review | Leave a comment »
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