United States Third Circuit

An Indian citizen's petition for review of the BIA's final order affirming the denial of her application for cancellation of removal is dismissed as there is a lack of jurisdiction to review petitioner's claim that she met her burden of showing an exceptional hardship, because it challenges a discretionary determination and does not present a constitutional question or a question of law. Further, petitioner's motion for a stay of voluntary departure is denied as, in light of 8 C.F.R. section 1240.26(i), petitioner's voluntary departure terminated upon her filing of a petition for review.

Appellate Information

• Argued 07/12/2010
• Decided 08/24/2010
• Published 08/24/2010

Judges

• RENDELL

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert Frank, Kate Deboer Balaban