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jurisdictionattorneyappealmotionrespondent
jurisdictionattorneyrespondent

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Romero-Torres v. Ashcroft

Facts

Jose Cruz Romero-Torres ('Romero') applied for cancellation of removal, claiming that his removal would impose an extreme hardship on his parents who rely on him for emotional and financial support. The Immigration Judge denied his request, finding that Romero was not the primary source of his parents' financial support and that his claimed difficulties were a 'common occurrence' in any departure situation. The Board of Immigration Appeals adopted the IJ's decision and dismissed the appeal.

The Immigration Judge denied his request, finding that Romero was not the primary source of his parents' financial support and that his claimed difficulties were a 'common occurrence' in any departure situation.

Issue

Whether the court has jurisdiction to review the Board of Immigration Appeals's denial of cancellation of removal based on a rejected claim of exceptional and extremely unusual hardship.

Whether we have jurisdiction to review the BIA's denial of cancellation based on a rejected claim of 'exceptional and extremely unusual hardship.'

Rule

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 'no court [has] jurisdiction to review . . . any judgment regarding the granting of relief' for cancellation of removal, specifically regarding discretionary decisions.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ('IIRIRA'), 'no court [has] jurisdiction to review . . . any judgment regarding the granting of relief' for cancellation of removal.

Analysis

The court determined that the BIA's determination of 'exceptional and extremely unusual hardship' was a discretionary decision, not subject to review. The court noted that the facts were not in dispute and that Romero did not challenge any factual determinations made by the BIA. Therefore, the court concluded that it lacked jurisdiction to review the BIA's hardship determinations under IIRIRA.

Because the BIA, acting for the Attorney General, is vested with the discretion to determine whether an alien has demonstrated the requisite hardship, we are without jurisdiction to review the BIA's hardship determinations under IIRIRA.

Conclusion

The petition was dismissed, affirming the BIA's decision.

The petition was dismissed.

Who won?

The respondent, Attorney General, prevailed because the court found that it lacked jurisdiction to review the BIA's discretionary determination regarding hardship.

The respondent, Attorney General, prevailed because the court found that it lacked jurisdiction to review the BIA's discretionary determination regarding hardship.

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