Camacho-Madrigal

Camacho-Madrigal v. Gonzales

Good Law
203 F. App'x 856
United States Court of Appeals for the Ninth CircuitOctober 31, 2006No. 05-74816California478 words

Opinion

Lead Opinion

MEMORANDUM **

Ignacio Javier Camacho-Madrigal, a native and citizen of Mexico, petitions for review from the Board of Immigration Appeals’ (BIA) summary affirmance of the decision of an Immigration Judge (IJ) denying him discretionary relief from removal under former § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (1994) (repealed 1996). Camacho-Madrigal filed a petition for habeas corpus, which the district court transferred to this court under the REAL ID Act. We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D). We review the IJ’s decision as the final decision of the agency, see Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004), and we deny the petition for review.

We decline to remand to the BIA for clarification. The IJ denied relief to Camacho-Madrigal for the sole reason that, after balancing the equities, she declined to exercise her discretion to grant him relief from removal. Summary affirmance, under those circumstances, is appropriate. See Falcon-Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003). Two statutory provisions divest this court of jurisdiction to consider Camacho-Madrigal’s petition. 8 U.S.C. § 1252 (a)(2)(B)(ii)…

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