United States Tenth Circuit

Appeal dismissed where whether an alien would face "exceptional and extremely unusual hardship" if deported is a discretionary decision and the appellate court lacks jurisdiction to hear the challenge to the BIA and IJ judgments under section 1229b(b)(1)(D).

Appellate Information

• Decided 11/13/2003
• Published 11/13/2003

Judges

• HARTZ, Circuit Judge., Before HARTZ, BALDOCK, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , German T. Flores and Montivel A. Burke, II of Flores, MBA & Associates, P.C., Orem, UT, for Petitioners.


• For Appellees:
  
• John C. Cunningham, Senior Litigation Counsel, and Cindy S. Ferrier, Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondent.