Legal Opinion
De La Vega v. Gonzales
Court of Appeals for the Second Circuit
Decided January 27, 2006No. Docket No. 03-40164PublishedCited by 26 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge.
We write to address whether this Court has jurisdiction to review a denial by the Board of Immigration Appeals (“BIA”) of a petitioner’s request for cancellation of removal on the basis of its finding that the petitioner failed to demonstrate that his removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen relative. Because we hold that such denials are discretionary judgments committed by law to the BIA (acting on behalf of the Attorney General) and that we are precluded from reviewing such discretionary judgments in the…
2Cases cited17 opinions
- Maria Martinez-Rosas v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Jose Cruz Romero-Torres v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
- Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
- Hakim Iddir v. Immigration And Naturalization ServiceCourt of Appeals for the Seventh Circuit · 2002
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Barco-Sandoval v. GonzalesCourt of Appeals for the Second Circuit · 2008
- Pareja v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2010
- Ruiz-Martinez v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Alvarez Acosta v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2008
- De La Vega v. GonzalesCourt of Appeals for the Second Circuit · 2006
21 more not listed; retrieve them via the Exa API.