Cornelius Sierhuis v. Loretta E. Lynch

Good Law
615 F. App'x 877
United States Court of Appeals for the Ninth CircuitSeptember 2, 201513-73105California334 words

Opinion

Opinion

MEMORANDUM

Cornelius Clemens Sierhuis, a native and citizen of Canada, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for Cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law. Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir.2012) (order). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary denial of cancellation of removal, except in the case of colorable constitutional claims and questions of law. See 8 U.S.C. § 1252 (a)(2)(B)(i); see also Vilchez, 682 F.3d at 1198 .

Sierhuis’ due process claims fail, because the record supports the agency’s credibility determinations and evidentiary rulings, and does not support Sierhuis’ contention that the IJ was biased or that Sierhuis was otherwise denied a full and fair hearing. See de Leon-Barrios v. INS, 116 F.3d 391 , 394 (9th Cir.1997) (adverse credibility determination supported by specific, cogent reasons); Vargas-Henandez v. Gonzales, 497 F.3d 919, 926-27 (9th Cir.2007)…

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