United States First Circuit

Petition for review of a BIA order vacating an IJ's grant of petitioner's application for cancellation of removal is dismissed for lack of jurisdiction insofar as it challenged the BIA's discretionary decision to deny cancellation, and denied on the merits since an IJ's order cancelling removal implicitly includes a threshold determination that the petitioner is otherwise subject to removal, and a BIA reversal of cancellation simply reinstates the IJ's implicit order of removability.

Appellate Information

• Decided 09/21/2007
• Published 09/21/2007

Judges

• CYR, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA and CYR, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Matthew S. Cameron, for petitioner.


• For Appellees:
  
• Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation, U.S. Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Terri J. Scadron, Assistant Director, were on brief, for respondent.