Tafolla-Leon

Tafolla-Leon v. Ashcroft

Good Law
112 F. App'x 617
United States Court of Appeals for the Ninth CircuitOctober 26, 2004No. 03-72175California278 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar Tafolla-Leon, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance without opinion of an Immigration Judge’s order denying his application for cancellation of removal.

Petitioner contends that the IJ erred in denying his application for cancellation of removal, failed to take into consideration that Tafolla-Leon was inadequately represented in court, failed to allow him to present documentary evidence to prove good moral character and extreme hardship, and erred in not granting him adjustment of status.

The IJ denied petitioner’s application for cancellation of removal as a matter of discretion. We lack jurisdiction over BIA decisions that involve the exercise of discretion, including the ultimate discretionary decision to deny cancellation of removal relief. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003); Kalaw v. INS, 133 F.3d 1147, 1149 (9th Cir.1997). We therefore lack jurisdiction over petitioner’s claim that the IJ erred in denying his application for cancellation of removal. To the extent that petitioner raises a due process challenge to the denial of cancellation of…

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.