United States First Circuit

A petition for review brought by a citizen of the Dominican Republic of the BIA's denial of his application for cancellation of removal under 8 U.S.C. section 1229b(b) is dismissed for lack of jurisdiction as, by statute, orders regarding cancellation of removal are not subject to judicial review, unless the appeal raises a question of law or a constitutional claim. Here, petitioner's legal claim on appeal was not made before the IJ or BIA, and his other claims merely challenge the IJ's factual determinations.

Appellate Information

• Decided 08/05/2010
• Published 08/05/2010

Judges

• LYNCH

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lolita J. Semidey, Brianne Whelan Cohen