Ysidro Alberto Oropeza-Wong v. Alberto R. Gonzales, Attorney General

Ysidro Oropeza-Wong (“Oropeza”), a Mexican national, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) which (1) denied-him a statutory waiver of the joint filing requirement for removal of the conditional basis of his permanent resident status on the ground that he entered into his marriage to U.S. citizen Melissa Renteria in bad faith, 8 U.S.C. § 1186a(c)(4)(B), (2) ordered him removed on the basis of marriage fraud, 8 U.S.C. § 1227 (a)(1)(G)(i), and (3) denied his request for voluntary departure, 8 U.S.C. § 1229c. Oropeza contends that he is entitled to have the conditional basis of his permanent resident status lifted because, although the marriage was dissolved within two years, he entered into it in good faith, He offers río separate argument with respect to the order of removal, but asserts that it was an abuse of discretion to deny him voluntary departure. The government contends that we do not have jurisdiction to entertain Oropeza’s claims. We conclude that while we lack jurisdiction over Oropeza’s voluntary departure claim, we retain jurisdiction over his challenge to the order of removal and to his underlying claim that, because his…