Javellana

Javellana v. Mukasey

Good Law
256 F. App'x 973
United States Court of Appeals for the Ninth CircuitNovember 28, 2007No. 06-71800California419 words

Opinion

Lead Opinion

*974 MEMORANDUM ****

Orlando Jesena, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of his application for cancellation of removal. 1 Jesena argues that the BIA erred by determining that he did not qualify for a waiver of misrepresentation under 8 U.S.C. § 1227 (a)(1)(H) and thereby finding him ineligible for cancellation of removal under 8 U.S.C. § 1229b(a). He also contends that the BIA erred in finding that he did not satisfy the “exceptional and extremely unusual hardship” requirement for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(D). We have jurisdiction to address the first claim pursuant to 8 U.S.C. § 1252 (2000), as amended by REAL ID Act of 2005, Pub.L. No. 109-13, Div. B, § 106, 119 Stat. 231 , and we hold that the BIA did not err in finding Jesena ineligible for cancellation of removal under 8 U.S.C. § 1229b(a). We lack jurisdiction to reach the second claim. Romero-Torres v. Ashcroft, 327 F.3d 887 (9th Cir.2003).

The BIA determined that because Jesena fraudulently concealed his 1992 immigration fraud when he applied for legal permanent resident status in…

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