Bazua-Cota
Bazua-Cota v. Gonzales
Opinion
Opinion
ORDER
Jose Eleazar Bazua-Cota, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. We hold that we lack jurisdiction to review the BIA’s discretionary denial of adjustment of status, and we dismiss the petition.
On April 26, 2000, the former Immigration and Naturalization Service issued a Notice to Appear, alleging that Petitioner was subject to removal under Section 237(a)(1)(C)® of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227 (a)(1)(C)®. Petitioner admitted all factual allegations and conceded he was removable as charged. The immigration judge (“LJ”) denied his applications for adjustment of status and voluntary departure, as a matter of discretion, and ordered him removed to Mexico. The BIA affirmed the Id’s decision without opinion.
In this petition for review, Petitioner seeks review of the denial of his application for adjustment of status under 8 U.S.C. § 1255 . However, the decision to deny Petitioner’s application for adjustment of status is a discretionary determination, and is therefore unreviewable. See 8 U.S.C. § 1252 (a)(2)(B)®.