Barrera-Quintero v. Holder, Jr., No. 11-9522 (10th Cir. 2012)
Annotate this CasePetitioner Hector Barrera–Quintero, a native and citizen of Mexico, faced removal from the United States. He sought review of a Board of Immigration Appeals (BIA) decision finding him ineligible for cancellation of removal. "Because Congress tightly constrains [the Tenth Circuit Court of Appeals'] power to review discretionary aspects of the BIA’s orders of removal, we must dismiss in part his petition for lack of jurisdiction." The Court could, however, review constitutional claims and questions of law involving statutory construction. In this case, Petitioner's eligibility for cancellation of removal hinged on whether he maintained at least ten years of continuous physical presence in this country, as required by the terms of 8 U.S.C. sec. 1229b(b)(1)(A). Because the BIA relied on a reasonable statutory construction in finding Petitioner failed to satisfy the continuous-presence requirement, the Court denied the remainder of the petition for review.
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