U.S. Court of Appeals for the Eighth Circuit, 2009

Filiberto Degante v. Michael Mukasey

Filiberto Degante v. Michael Mukasey
U.S. Court of Appeals for the Eighth Circuit · Decided June 8, 2009 · Benton, Per Curiam, Riley, Smith
326 F. App'x 406

Filiberto Degante v. Michael Mukasey

Opinion

PER CURIAM.

Filiberto Degante, a native of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA) that summarily affirmed an immigration judge’s (IJ’s) denial of his application for cancellation of removal. We lack jurisdiction to review the IJ’s determination that Degante failed to show the requisite exceptional and extremely unusual hardship that his removal would cause his United-States-citizen children. See 8 U.S.C. § 1229b(b) (cancellation-of-removal eligibility requirements for nonpermanent residents); 8 U.S.C. § 1252(a)(2)(B)© (no court shall have jurisdiction to review any judgment regarding denial of relief under, inter alia, § 1229b); Zacarias-Velasquez v. Mukasey, 509 F.3d 429, 434 (8th Cir. 2007) (whether alien meets exceptional- and-extremely-unusual-hardship threshold “ ‘is precisely the discretionary determination that Congress shielded from our review* ” under § 1252(a)(2)(B) (quoting Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir. 2006) (per curiam))).

Accordingly, we dismiss the petition.

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