Hernandez-Real v. Keisler
Hernandez-Real v. Keisler
Opinion of the Court
MEMORANDUM
1. The IJ didn’t err by applying the valid “exceptional and extremely unusual hardship” standard under 8 C.F.R. § 212.7(d). See Mejia v. Gonzales, 499 F.3d 991, 993, 996 (9th Cir. 2007). We have rejected petitioner’s argument that 8 C.F.R. § 212.7(d) cannot be applied retroactively. See Mejia, 499 F.3d at 997.
2. We lack jurisdiction to review the denial of a petition under this standard, see 8 U.S.C. § 1252(a)(2)(B), because such a denial is entirely within the agency’s discretion. See Mejia, 499 F.3d at 999. Petitioner also failed to exhaust his administrative remedies for obtaining a waiver
PETITION DENIED in part and DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.