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jurisdictiondue process
jurisdiction

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Rivera v. Sessions

Facts

Carlos M. Rivera, a native and citizen of Guatemala, entered the United States illegally in 1992 and was later served with a Notice to Appear in removal proceedings in 2008. He sought cancellation of removal based on his marriage to a U.S. citizen and claimed that his wife would suffer exceptional hardship if he were removed. However, the immigration judge (IJ) denied his application, citing Rivera's pending criminal charges for child molestation and his failure to establish the requisite hardship.

Carlos M. Rivera, a native and citizen of Guatemala, entered the United States illegally in 1992 and was later served with a Notice to Appear in removal proceedings in 2008.

Issue

Did the BIA err in denying Rivera's application for cancellation of removal and in finding that he did not present a colorable legal or constitutional claim?

Did the BIA err in denying Rivera's application for cancellation of removal and in finding that he did not present a colorable legal or constitutional claim?

Rule

Courts are statutorily barred from reviewing any judgment regarding the granting of relief under section 1229b unless the petition raises constitutional claims or questions of law. A claim must be colorable to confer jurisdiction.

Courts are statutorily barred from reviewing any judgment regarding the granting of relief under section 1229b unless the petition raises constitutional claims or questions of law.

Analysis

The court determined that Rivera's arguments regarding the BIA's decision were based on a misreading of the Matter of Monreal-Aguinaga and did not raise a colorable legal claim. The court noted that Rivera's due process claims were also unsubstantiated, as he could not demonstrate a protected liberty interest or any cognizable prejudice resulting from the proceedings.

The court determined that Rivera's arguments regarding the BIA's decision were based on a misreading of the Matter of Monreal-Aguinaga and did not raise a colorable legal claim.

Conclusion

The First Circuit dismissed Rivera's petition for lack of jurisdiction, affirming the BIA's decision that Rivera did not meet the criteria for cancellation of removal.

The First Circuit dismissed Rivera's petition for lack of jurisdiction, affirming the BIA's decision that Rivera did not meet the criteria for cancellation of removal.

Who won?

The government prevailed in the case as the court upheld the BIA's decision, finding that Rivera failed to establish a colorable claim or exceptional hardship.

The government prevailed in the case as the court upheld the BIA's decision, finding that Rivera failed to establish a colorable claim or exceptional hardship.

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