Adame v. Holder, Jr., No. 13-2405 (7th Cir. 2014)Annotate this Case
Petitioner, a citizen and native of Mexico, appealed the BIA's affirmance of the IJ's denial of his application for cancellation of removal. The court held that the courts of appeal lack jurisdiction to review the denial of discretionary relief in immigration proceedings. The court adhered to the rule that 8 U.S.C. 1252(a)(2)(B) excludes from the court's jurisdiction challenges to an IJ's application of the law to the facts of a case when the grounds for relief sought are discretionary, and that in such a case the subpart (B) exclusion is unaffected by section 1252(a)(2)(D). In this case, the court dismissed the petition for review to the extent that the court lacked jurisdiction and the court denied the remaining arguments.
The court issued a subsequent related opinion or order on January 22, 2015.