Bolo

Bolo v. Gonzales

Good Law
203 F. App'x 790
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 03-74003California294 words

Opinion

Lead Opinion

MEMORANDUM **

Costancio Restauro Bolo, native and citizen of the Philippines, petitions for review of a Board of Immigration Appeals (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for a waiver of inadmissibility under § 212(c) of the former Immigration and Naturalization Act (“INA”). Bolo was placed in removal proceedings after he was convicted in 1994 under Hawaii Revised Statute § 707-732(l)(b) for third-degree sexual assault of a minor under the age of fourteen. The IJ found that the offense constituted a “crime of moral turpitude” and that it qualified as an aggravated felony under INA § 101(a)(43)(A). After weighing the testimony of Bolo’s family and friends, the IJ denied discretionary waiver of inadmissibility under INA § 212(c), specifically commenting upon the fact that Bolo refused to admit the wrongfulness of his actions.

On appeal, Bolo asks that we revisit the I J’s denial of his application for a waiver of inadmissibility and grant relief. However, we lack jurisdiction to review this exercise of the IJ’s discretion. See 8 U.S.C. § 1252 (a)(2)(B).

Bolo also alleges that the IJ and BIA violated his constitutional right to due…

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.