Solis v. Holder, Jr., No. 10-3675 (8th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision denying his application for cancellation of removal. After a merits hearing, the IJ found that petitioner satisfied the requirements to cancel removal proceedings but the BIA vacated the decision, determining that the IJ applied the wrong legal standard. Petitioner contended that the BIA incorrectly ruled that the IJ applied the wrong legal standard in determining "exceptional and extremely unusual hardship" and that the BIA applied the incorrect legal standard by failing to adequately consider certain factors that the BIA had considered relevant in other decisions. As a threshold matter, the court held that it had jurisdiction to review the nondiscretionary determinations underlying a denial of an application for cancellation of removal, such as the "predicate legal question whether the [BIA] properly applied the law to the facts in determining an individual's eligibility to be considered for the relief." The court held that the issue of whether the IJ applied the correct legal standard was irrelevant where the IJ's findings were reviewable only to the extent that they had been adopted by the BIA. The court also held that because petitioner did not challenge the legal standard applied by the BIA, he did not raise an issue within the court's jurisdiction. Accordingly, the petition was denied.
Court Description: Petition for Review - Immigration. Court has jurisdiction to review the nondiscretionary determinations underlying a denial of an application for cancellation of removal, such as the predicate legal question of whether the BIA properly applied the law to the facts in determining an individual's eligibility for relief; here, however, petitioner does not challenge the legal standard applied by the BIA and failed to raise an issue within the court's jurisdiction.
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