United States Third Circuit

Petition for review, filed by a citizen of Guyana, of BIA's affirmance of IJ's denial of his application for cancellation of removal under the Special Rule for Battered Spouses, 8 U.S.C. section 1229b(b)(2), is dismissed for lack of jurisdiction as the extreme cruelty determination is discretionary and not subject to judicial review.

Appellate Information

• Decided 04/16/2010
• Published 04/16/2010

Judges

• Before SLOVITER, NYGAARD, Circuit Judges, and RESTANI, Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ransford B. McKenzie, Brooklyn, N.Y., Attorney for Petitioner., John S. Hogan, Kathleen J. Kelly, Briena L. Strippoli, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., Attorneys for Repondent.