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Keywords

jurisdictionappealmotiondomestic violencerehabilitation
jurisdictionappealmotiondomestic violence

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Sorcia v. Holder

Facts

Sorcia is a citizen of Mexico who became a lawful permanent resident in 1990. He was placed in removal proceedings in 2007 due to multiple convictions for domestic violence and assault. Although he was statutorily eligible for cancellation of removal, the Immigration Judge (IJ) denied his request, citing his criminal history and lack of rehabilitation as significant negative factors. The BIA upheld this decision, leading Sorcia to appeal to the Fourth Circuit.

Sorcia is a citizen of Mexico. He became a temporary resident of the United States on November 16, 1988 and a lawful permanent resident on December 1, 1990. On February 5, 2007, he was placed in removal proceedings following the filing of a Notice to Appear with the Immigration Court. He was charged with removability pursuant to 8 U.S.C. 1227(a)(2)(E)(i), which states that '[a]ny alien who at any time after admission is convicted of a crime of domestic violence . . . is deportable.'

Issue

Did the Fourth Circuit have jurisdiction to review the BIA's denial of Sorcia's petition for cancellation of removal and his motion to reopen his removal proceedings?

Did the Fourth Circuit have jurisdiction to review the BIA's denial of Sorcia's petition for cancellation of removal and his motion to reopen his removal proceedings?

Rule

The court lacks jurisdiction to review the discretionary denial of cancellation of removal under 8 U.S.C. 1252(a)(2)(B) when no constitutional claims or questions of law are raised.

because [**2] Sorcia raises no constitutional claims or questions of law, we lack jurisdiction to review the discretionary denial of cancellation of removal. 8 U.S.C. 1252(a)(2)(B).

Analysis

The court found that Sorcia did not raise any constitutional claims or questions of law, which are necessary for jurisdiction under 8 U.S.C. 1252(a)(2)(B). The BIA's decision was based on a discretionary assessment of Sorcia's criminal history and the IJ's balancing of positive and negative factors, which the court determined it could not review.

The court found that Sorcia did not raise any constitutional claims or questions of law, which are necessary for jurisdiction under 8 U.S.C. 1252(a)(2)(B). The BIA's decision was based on a discretionary assessment of Sorcia's criminal history and the IJ's balancing of positive and negative factors, which the court determined it could not review.

Conclusion

The Fourth Circuit dismissed Sorcia's appeal due to lack of jurisdiction to review the BIA's discretionary decision.

Accordingly, the appeal is dismissed.

Who won?

The government prevailed in the case as the Fourth Circuit dismissed Sorcia's appeal, affirming the BIA's discretionary decision.

The government prevailed in the case as the Fourth Circuit dismissed Sorcia's appeal, affirming the BIA's discretionary decision.

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