United States Ninth Circuit

Petition for review of a denial of petitioners' application for cancellation of removal is dismissed for lack of jurisdiction where: 1) the IJ applied the correct legal standard in the case, rendering the petitioners' claims so insubstantial and frivolous as to preclude the court's jurisdiction; and 2) the court does not have jurisdiction to review an IJ's application of a subjective standard to the facts of a case.

Appellate Information

• Argued 02/06/2008
• Decided 01/12/2009
• Published 01/12/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN, and WILLIAM A. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Henry Weissman, Munger, Tolles & Olson LLP, Los Angeles, CA, argued the cause for the petitioners and filed briefs.


• For Appellees:
  
• William C. Minick, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, argued the cause for the respondent and filed a brief;  Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Werney, Assistant Director, were on the brief.