Garcia

Garcia v. Ashcroft

Good Law
81 F. App'x 127
United States Court of Appeals for the Ninth CircuitNovember 12, 2003No. 02-71372; Agency No. A75-523-987California531 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Yolanda Garcia Garcia challenges the Board of Immigration Appeals’ (“BIA’s”) decision upholding the Immigration Judge’s (“IJ’s”) denial of her application for cancellation of removal. We lack jurisdiction to review the BIA’s judgment pursuant to 8 U.S.C. § 1252 (a)(2)(B)® since the judgment resulted from a discretionary determination. Accordingly, we may not disturb the BIA’s order.

Because the facts are known to the parties we do not repeat them here.

Garcia argues that the IJ erroneously found that her removal would not cause “exceptional and extremely unusual hardship” to her sons, a finding which resulted in the denial of her application under 8 U.S.C. § 1229b(b)(l). We may not review such a finding. The Illegal Immigration Reform and Immigrant Responsibility Act *128 of 1996 eliminated judicial review of the BIA’s discretionary decisions regarding cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)(i); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002) . In Romero-Torres v. Ashcroft, the court held that the “exceptional and extremely unusual hardship” determination is a “subjective, discretionary judgment that has been carved out…

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