United States First Circuit

Denial of application for cancellation of removal and voluntary departure is affirmed where petitioner was statutorily ineligible for cancellation of removal or voluntary departure because of a conviction for an aggravated felony. Petitioner's constitutional challenge to the statute based on his children's third-party rights fails since a parent's otherwise valid deportation does not violate a child's constitutional right.

Appellate Information

• Decided 01/10/2007
• Published 01/10/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John H. Ruginski, for petitioner.


• For Appellees:
  
• Eric W. Marsteller, Office of Immigration Litigation, Civil Division, Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, and Carol Federighi, Senior Litigation Counsel, on brief for respondent.