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Keywords

jurisdictionattorneyhearingnaturalizationjudicial review

Related Cases

Grass v. Gonzales

Facts

Abdellah Grass, a citizen of Morocco, entered the United States as a non-immigrant visitor and violated the terms of his authorized stay by working at a restaurant in Cedar Rapids, Iowa. The Immigration and Naturalization Service initiated removal proceedings for failure to comply with the terms of his non-immigrant status. The Immigration Judge ordered Grass removed and granted him voluntary departure. Grass then filed this petition for judicial review.

Issue

Whether the court has jurisdiction to review the IJ's discretionary denial of Grass's request for a continuance of his removal hearing.

Rule

Under 8 U.S.C. 1252(a)(2)(B)(ii), the court lacks jurisdiction to review any decision or action of the Attorney General that is specified to be in the discretion of the Attorney General.

Analysis

The court determined that it lacked jurisdiction to review the IJ's wholly discretionary denial of Grass's request for a continuance of his removal hearing. Although 8 U.S.C. 1252(a)(2)(D) expanded the court's jurisdiction, it limited the court's jurisdiction to constitutional claims and questions of law. The court concluded that even if it had jurisdiction, there was no abuse of discretion in the IJ's decision.

Conclusion

The court denied the alien's petition for review.

Who won?

The government prevailed in the case because the court found that it lacked jurisdiction to review the IJ's discretionary decision and that there was no abuse of discretion.

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