Toscano-Gil v. Trominski

RHESA HAWKINS BARKSDALE, Circuit Judge:

The linchpin to the Government’s challenge to the 28 U.S.C. § 2241 habeas relief granted excludable alien Isaías Toscano-Gil is whether he states a cognizable constitutional claim by asserting that, in denying him a waiver of inadmissibility, the Board of Immigration Appeals violated his right to procedural due process by characterizing his DWI arrest as a conviction and failing to discuss certain relevant factors or distinguish BIA precedent. Because such contentions do not state a cognizable constitutional claim, we REVERSE and DISMISS.

I

Mexican native…