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    The United States Court of Appeals for the Fourth Circuit dismissed J.A.'s petition for review of the Board of Immigration Appeals' decision upholding the denial of his application for cancellation of removal. The court found that it did not have jurisdiction to review discretionary decisions regarding cancellation of removal. Specifically, the agency found J.A. failed to establish that he had good moral character for the required time or that he merited cancellation of removal as a matter of discretion. The court also determined that J.A. did not raise any colorable constitutional claims or questions of law that would allow the court to exercise jurisdiction despite the limitations of the Immigration and Nationality Act.

    Original Description:

    Filed: 2016-04-01 Precedential Status: Non-Precedential Docket: 15-1562

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    The United States Court of Appeals for the Fourth Circuit dismissed J.A.'s petition for review of the Board of Immigration Appeals' decision upholding the denial of his application for cancellation of removal. The court found that it did not have jurisdiction to review discretionary decisions regarding cancellation of removal. Specifically, the agency found J.A. failed to establish that he had good moral character for the required time or that he merited cancellation of removal as a matter of discretion. The court also determined that J.A. did not raise any colorable constitutional claims or questions of law that would allow the court to exercise jurisdiction despite the limitations of the Immigration and Nationality Act.

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    Public Domain
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    8 views3 pages

    J.A. v. Loretta Lynch, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed J.A.'s petition for review of the Board of Immigration Appeals' decision upholding the denial of his application for cancellation of removal. The court found that it did not have jurisdiction to review discretionary decisions regarding cancellation of removal. Specifically, the agency found J.A. failed to establish that he had good moral character for the required time or that he merited cancellation of removal as a matter of discretion. The court also determined that J.A. did not raise any colorable constitutional claims or questions of law that would allow the court to exercise jurisdiction despite the limitations of the Immigration and Nationality Act.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1562

    J.A.,
    Petitioner,
    v.
    LORETTA E. LYNCH, Attorney General,
    Respondent.

    On Petition for Review of an Order of the Board of Immigration


    Appeals.

    Submitted:

    March 8, 2016

    Decided:

    April 1, 2016

    Before KING, FLOYD, and HARRIS, Circuit Judges.

    Petition dismissed by unpublished per curiam opinion.

    W. Rob Heroy, GOODMAN, CARR PLLC, Charlotte, North Carolina, for


    Petitioner.
    Benjamin C. Mizer, Principal Deputy Assistant
    Attorney
    General,
    Anthony
    P.
    Nicastro,
    Acting
    Assistant
    Director, Tracey N. McDonald, Office of Immigration Litigation,
    UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
    Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    J.A., a native and citizen of El Salvador, petitions for
    review of an order of the Board of Immigration Appeals (Board)
    dismissing his appeal from the immigration judges denial of his
    application for cancellation of removal.

    For the reasons set

    forth below, we dismiss the petition for review.


    Under 8 U.S.C. 1252(a)(2)(B)(i) (2012), entitled Denials
    of discretionary relief, no court shall have jurisdiction to
    review

    any

    section

    judgment
    .

    regarding

    1229b,

    cancellation of removal.

    the

    which

    granting
    is

    the

    of

    relief

    section

    under

    governing

    In this case, the agency found that

    J.A. failed to establish that he had been a person of good moral


    character for the requisite statutory period or that he merited
    a grant of cancellation of removal as a matter of discretion.
    We conclude that these determinations are clearly discretionary
    in

    nature,

    and

    we

    therefore

    lack

    jurisdiction

    to

    review

    challenges to the agencys denial of relief absent a colorable


    constitutional claim or question of law.
    We have reviewed J.A.s claims of error and conclude that
    he fails to raise a colorable constitutional claim or question
    of

    law

    under

    U.S.C.

    1252(a)(2)(D)

    (2012).

    We

    therefore

    dismiss the petition for lack of jurisdiction.

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    and

    legal

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument would not aid the decisional process.


    PETITION DISMISSED

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