Urrutia Robles v. Barr, No. 18-2601 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's order denying cancellation of removal and ordering petitioner removed, and subsequently denying his timely motion to reopen proceedings. The court held that petitioner was challenging the discretionary conclusion of the BIA against him and thus the court did not have jurisdiction. The court also held that the BIA did not abuse its discretion in denying the motion to reopen, because the BIA had the final authority to decide whether to grant discretionary cancellation-of-removal relief.
Court Description: Loken, Author, with Kelly and Erickson, Circuit Judges] Petitioner for Review - Immigration. The BIA's determination that petitioner was not entitled to cancellation of removal is a discretionary decision beyond the scope of the court's review; the BIA did not abuse its discretion by denying petitioner's motion to reopen. Judge Kelly, dissenting.
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