Filiberto Degante v. Michael Mukasey

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

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.

Reference

Full Case Name
Filiberto DEGANTE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent
Status
Unpublished