United States Tenth Circuit

Constitutional claims brought by Mexican aliens are predicated on the status of their children as US citizens, and such claims do not present a substantial constitutional issue; accordingly, 8 U.S.C. section 1252(a)(2)(B) divests the court of jurisdiction to review the BIA's denial of their application for cancellation of removal.

Appellate Information

• Decided 03/09/2004
• Published 03/09/2004

Judges

• HENRY, Circuit Judge., Before KELLY, HENRY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Marti L. Jones, Immigration Project, Granite City, Illinois, (Marlene F. Gonzalez, Multi-Cultural Legal Center, Salt Lake City, Utah, with him on the briefs) for Petitioners.


• For Appellees:
  
• Ernesto H. Molina, Jr., Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., (David V. Bernal, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., with him on the brief) for Respondent.