Immigration — cancellation of removal

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United States Court of Appeals For the Seventh Circuit

Civil

Immigration — cancellation of removal

The court lacks jurisdiction over the BIA’s decision not to cancel an alien’s removal.

“Cruz-Moyaho contends the Board erred as a matter of law when it concluded Reopen #2 was untimely and number-barred and, as a result, it was prohibited from considering the newly-submitted evidence in Reopen #2. This claim is not a legal claim, however. Cruz-Moyaho does not argue that the Board applied the incorrect statute or misinterpreted the relevant provision. Rather, he is challenging the Board’s conclusion that the information provided did not meet the standard for ‘materially changed circumstances’ in 8 C.F.R. § 1003.2(c)(3)(ii) to warrant a departure from the limitations on motions to reopen. Because we lack jurisdiction to review this determination and can glean no legal challenges to Reopen #2, we find no errors in the Board’s decision.”

Petitions Denied.

11-2716 & 12-1056 Cruz-Moyaho v. Holder

Petitions for Review of Orders of the Board of Immigration Appeals, Bauer, J.