Gaona-Alcantar

Gaona-Alcantar v. Gonzales

Good Law
146 F. App'x 914
United States Court of Appeals for the Ninth CircuitOctober 24, 2005No. 03-73758California290 words

Opinion

Lead Opinion

MEMORANDUM ***

Sergio Gaona-Alcantar, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation of removal and request for voluntary departure. We lack jurisdiction to review these discretionary decisions. See Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003); Gomez-Lopez v. Ashcroft, 393 F.3d 882, 883-884 (9th Cir.2005). Moreover, we lack jurisdiction to review discretionary decisions that are simply recast in due process language. See Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001).

Gaona-Alcantar contends that we have jurisdiction over the IJ’s denial of his application for cancellation of removal and request for voluntary departure. The IJ’s decision whether Gaona-Alcantar demonstrated that his removal would result in “exceptional and extremely unusual hardship” to his United States citizen children is an enumerated discretionary determination under 8 U.S.C. § 1252 (a)(2)(B)(i), and is therefore unreviewable. Romero-Torres, 327 F.3d at 888 . Similarly, IIRIRA eliminated judicial review of the IJ’s denial of…

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