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Keywords

jurisdictionappealmotiondue processrespondent
jurisdictionappealmotiondue processrespondent

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Bencosme de Rodriguez v. Gonzales

Facts

Immaculada Bencosme de Rodriguez, a native and citizen of the Dominican Republic, petitioned for review of the BIA's decision affirming the denial of her application for cancellation of removal. The Immigration Judge determined that she failed to establish that her removal would result in exceptional and extremely unusual hardship to her U.S. citizen children. The petitioner also filed motions to stay removal and to toll the period of voluntary departure.

Immaculada Bencosme de Rodriguez, a native and citizen of the Dominican Republic, petitions for review of the decision of the Board of Immigration Appeals ('BIA') affirming the denial of her application for cancellation of removal. The Immigration Judge ('IJ') determined, inter alia, that the petitioner had failed to establish that removal would result in 'exceptional and extremely unusual hardship' to her United States citizen children.

Issue

Did the court have jurisdiction to review the BIA's discretionary decision regarding the petitioner's application for cancellation of removal and her claims of due process violations?

Did the court have jurisdiction to review the BIA's discretionary decision regarding the petitioner's application for cancellation of removal and her claims of due process violations?

Rule

The court lacks jurisdiction to review discretionary decisions made by the BIA under 8 U.S.C. 1252(a)(2)(B)(i) and requires exhaustion of administrative remedies under 8 U.S.C. 1252(d)(1).

The court lacks jurisdiction to review discretionary decisions made by the BIA under 8 U.S.C. 1252(a)(2)(B)(i) and requires exhaustion of administrative remedies under 8 U.S.C. 1252(d)(1).

Analysis

The court applied the rule by determining that it could not review the Immigration Judge's decision regarding exceptional hardship because it was a discretionary decision. Additionally, the court found that the petitioner did not exhaust her administrative remedies regarding her due process claims, as she failed to raise them in her appeal to the BIA.

The court applied the rule by determining that it could not review the Immigration Judge's decision regarding exceptional hardship because it was a discretionary decision. Additionally, the court found that the petitioner did not exhaust her administrative remedies regarding her due process claims, as she failed to raise them in her appeal to the BIA.

Conclusion

The court denied the petition for review. However, it granted the petitioner's motions to stay removal and to toll the voluntary departure period until the issuance of the mandate.

The court denied the petition for review. However, it granted the petitioner's motions to stay removal and to toll the voluntary departure period until the issuance of the mandate.

Who won?

The prevailing party was the respondent, Gonzales, as the court denied the petition for review but granted the motions to stay removal and toll the voluntary departure period.

The prevailing party was the respondent, Gonzales, as the court denied the petition for review but granted the motions to stay removal and toll the voluntary departure period.

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