Bazua-Cota

Bazua-Cota v. Gonzales

Good Law
466 F.3d 747·2006 WL 2854382·2006 U.S. App. LEXIS 24647
United States Court of Appeals for the Ninth CircuitOctober 3, 200606-70717California393 words

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)®.

This court retains jurisdiction over petitions for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.