Garcia-Jimenez

MEMORANDUM ***

Felipe Garcia-Jimenez appeals the Board of Immigration Appeals’ (“BIA”) decision denying him relief under former § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (1994) (repealed 1996). Garcia-Jimenez also alleges the Immigration Judge (“IJ”) violated his constitutional rights when he admitted, and relied upon, hearsay evidence at the removal hearing.

We lack jurisdiction to review the IJ’s § 212(c) ruling. Two statutory provisions — 8 U.S.C. §§ 1252 (a)(2)(B)(ii) and 1252(a)(2)(C) — each divest this court from exercising jurisdiction to hear this claim. Section 1252(a)(2)(B)(ii) precludes courts of appeal from reviewing certain discretionary rulings, including § 212(c) orders. See § 1252(a)(2)(B)(ii). Section 1252(a)(2)(C) forecloses appellate review because petitioner was charged as “removable” under 8 U.S.C. § 1227 (a)(2)(B)© for his 1993 controlled substance conviction. See § 1252(a)(2)(C).

Garcia-Jimenez next argues the IJ violated his procedural due process rights when he admitted, and relied upon, hearsay evidence at the removal hearing. Once again, however, we lack jurisdiction to hear this claim because 8 U.S.C. § 1252 (d)(1)…