Mencia-Medina v. Garland, No. 20-1724 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's decision concluding that petitioner was removeable and denial of his request for a form of cancellation of removal available to children who have been battered by parents who are lawful permanent residents. The court concluded that petitioner failed to exhaust his claim that the BIA engaged in improper fact finding, the issue is not before the court, and the issue will not be considered. Although the court has jurisdiction to review the predicate legal question whether the Board properly applied the law in determining eligibility, the court lacked jurisdiction to review an ultimate decision denying cancellation of removal as a matter of discretion.
Court Description: [Colloton, Author, with Benton and Kelly, Circuit Judges] Petition for Review - Immigration. Petitioner failed to exhaust his claim that the BIA engaged in improper fact finding and the issue is not before this court and will not be considered; the court lacks jurisdiction to review an ultimate decision denying cancellation of removal as a matter of discretion. Judge Kelly, concurring.
The court issued a subsequent related opinion or order on January 23, 2024.
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