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jurisdictionappealmotion

Related Cases

Guzman-Munoz v. United States AG

Facts

Marina Guzman-Munoz, a native and citizen of Peru, sought review of the Board of Immigration Appeals's (BIA) order denying her motion to reopen her removal proceedings under the Violence Against Women Act of 1994 (VAWA). She had originally sought relief based on her marriage to a Cuban national, Leonardo Cruz, but the Immigration Judge found their marriage to be a sham and ordered her removal. After the BIA denied her motion to reopen, Guzman-Munoz filed a petition for review.

Marina Guzman-Munoz, a native and citizen of Peru, seeks review of the Board of Immigration Appeals's (BIA) order denying her motion to reopen her removal proceedings under the Violence Against Women Act of 1994 (VAWA), Pub. L. No. 103-322, tit. IV, 108 Stat. 1902 (codified as amended in scattered sections of 8, 16, 28, and 42 U.S.C.). Guzman-Munoz had originally sought relief under the Cuban Refugee Adjustment Act of 1966 (CAA), Pub. L. No. 89-732, 80 Stat. 1161 (codified as amended at 8 U.S.C. 1255 note), based on her marriage to Leonardo Cruz, a Cuban national who was a lawful permanent resident.

Issue

Did the appellate court have jurisdiction to review the BIA's determination that Guzman-Munoz was not a battered spouse?

Rule

8 U.S.C. 1252(a)(2)(B)(i) strips the appellate court of jurisdiction to hear discretionary agency judgments regarding the granting of relief under section 1229b, which includes determinations related to battered spouses.

Generally speaking, 8 U.S.C. 1252(a)(1) "confers jurisdiction upon this court to review any final order of removal," and by way of implication confers "the authority to review orders denying motions to reopen any such final order."

Analysis

The court determined that it lacked subject matter jurisdiction to review the BIA's decision because the BIA's denial of Guzman-Munoz's motion to reopen was based on a discretionary determination that she had not established a prima facie case of being a battered spouse. The court noted that the jurisdiction-stripping provisions of 1252(a)(2)(B)(i) applied to both final orders of removal and denials of motions to reopen, thus precluding appellate review.

The practical import of this rule is that we do not have subject matter jurisdiction to review the BIA's determination that an alien is not a battered spouse. In Bedoya-Melendez, we considered the BIA's denial of a petition for cancellation of removal brought under 1229b(b)(2). Because the BIA's denial rested on its discretionary determination that Bedoya-Melendez was not a battered spouse, we held that we lacked jurisdiction to review the petition.

Conclusion

The court dismissed Guzman-Munoz's petition for review for lack of jurisdiction.

Accordingly, we dismiss Guzman-Munoz's petition for review for lack of jurisdiction.

Who won?

The United States government prevailed in the case because the court found it lacked jurisdiction to review the BIA's discretionary decision.

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