Obinna

Obinna v. Gonzales

Good Law
194 F. App'x 430
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-71037California344 words

Opinion

Lead Opinion

MEMORANDUM **

Iheanyi Obinna, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Obinna did not warrant cancellation of removal on the grounds that the negative factors in the record, such as his criminal background, outweighed the positive factors. See 8 U.S.C. § 1252 (a)(2)(B)(I) (the court lacks jurisdiction to review any judgment regarding the discretionary denial of relief under 8 U.S.C. § 1229b); Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003).

Obinna’s contention that the IJ erred by faffing to properly consider the hardship to his United States citizen children is unavailing, because relief may be denied as a matter of discretion even if the statutory predicates are met. See Romero-Torres, 327 F.3d at 889 .

*432 We also lack jurisdiction to review Obinna’s contention that the…

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