United States Ninth Circuit

In a petition for review of the BIA's order removing Petitioner from the U.S., the petition is dismissed for lack of jurisdiction, where Petitioner challenged the BIA's evidentiary determinations and matters within the BIA's discretion, and those were outside the scope of the Court of Appeals' review.

Appellate Information

• Argued 06/05/2008
• Decided 05/19/2009
• Published 05/19/2009

Judges

• Before:  DAVID R. THOMPSON, DIARMUID F. O'SCANNLAIN, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph Mbacho, El Centro, CA, filed briefs on behalf of the petitioners., Catherine Carroll, Wilmer Cutler Pickering Hale & Dorr, Washington, DC, argued the cause for the petitioners as court-appointed amicus curiae;  Jonathan H. Becker, Wilmer Cutler Pickering Hale & Dorr, Washington, DC, filed briefs as court-appointed amicus curiae;  John A. Rogovin was on the briefs.


• For Appellees:
  
• Charles Canter, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, argued the cause for the respondent;  Luis E. Perez, Attorney, Office of Immigration Litigation, filed a brief;  John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation, and Peter D. Keisler, Assistant Attorney General, Civil Division, were on the brief.