Cerrillo

Cerrillo v. Mukasey

Good Law
303 F. App'x 528
United States Court of Appeals for the Ninth CircuitDecember 16, 2008No. 08-72844California303 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s appeal of the Immigration Judge’s (“I J”) denial of her application *529 for relief under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) and settlement benefits under American Baptist Churches v. Thornburgh, 760 F.Supp. 796 (N.D.Cal.1991) (“ABC”).

This court generally lacks jurisdiction to review the agency’s decision as to whether an applicant’s status should be adjusted under NACARA. See Illegal Immigration Reform and Immigrant Responsibility Act of 1996, §§ 309(c)(5)(C)(i)-(ii), Pub.L. No. 104-208,110 Stat. 3009 (1996), as amended by Nicaraguan Adjustment and Central American Relief Act of 1997 § 203(a)(1), Pub.L. 105-100, 111 Stat. 2160 (1997) (providing that “[a] determination by the Attorney General as to whether an alien satisfies the requirements of this clause ... is final and shall not be subject to review by any court”). This court nevertheless retains jurisdiction over constitutional claims of the sort petitioner raised before the agency. Cf. Hemandez-Mezquita v. Ashcroft, 293 F.3d 1161 (9th Cir.2002). In this court, however,…

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