Cecilio Tamayo Contreras v. Eric H. Holder, Jr., No. 13-1101 (8th Cir. 2013)

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Court Description: Petition for Review - Immigration. Petitioners' arguments regarding eligibility for special rule cancellation of removal under the Nicaraguan and Central American Relief Act are unreviewable, and the petition for review is denied.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1101 ___________________________ Cecilio Tamayo Contreras; Eva Yolanda Tamayo lllllllllllllllllllllPetitioners v. Eric H. Holder, Jr., Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: November 7, 2013 Filed: November 8, 2013 [Unpublished] ____________ Before SMITH, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. El Salvadoran citizens Cecilio Tamayo Contreras and Eva Yolanda Tamayo petition for review of an order of the Board of Immigration Appeals (BIA), which upheld an immigration judge s (IJ s) denial of special rule cancellation of removal under the Nicaraguan and Central American Relief Act. After careful consideration, we conclude that petitioners arguments regarding Contreras s eligibility for special rule cancellation of removal are unreviewable. See Molina Jerez v. Holder, 625 F.3d 1058, 1068-69 (8th Cir. 2010). We further conclude that factual errors mistakenly included in the IJ s written decision--which the BIA corrected--do not warrant a remand. See United States v. Timley, 507 F.3d 1125, 1131 (8th Cir. 2007) (declining to remand case where it would be futile and waste of judicial resources). Accordingly, we deny the petition. See 8th Cir. R. 47B. ______________________________ -2-

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