United States Second Circuit

Petition for review of a denial of cancellation of removal on grounds that petitioner had not demonstrated that his removal would cause exceptional and extremely unusual hardship to his US citizen children is dismissed where: 1) under binding precedential decisions, the determination of whether exceptional and extremely unusual hardship was present for the purposes of cancellation of removal is committed to the Attorney General's discretion; and 2) thus, the circuit court lacked jurisdiction to review such a determination.

Appellate Information

• Argued 06/12/2007
• Decided 05/12/2008
• Published 05/12/2008

Judges

• PER CURIAM:, Before: McLAUGHLIN, CALABRESI, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Martin L. Rothstein, Barst & Mukamal, LLP (Dan Lundy, on the brief), New York, N.Y., for Petitioner.


• For Appellees:
  
• Jennifer Paisner, Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., for Respondents.