Background
In two thousand and twenty-three, an Immigration Judge denied Praxedis Rodriguez Barnache’s application for cancellation of removal and ordered him removed. Barnache appealed to the Board of Immigration Appeals and requested an extension to file his brief, which was denied. He filed his brief late, and the Board affirmed the Immigration Judge’s decision without opinion on December tenth, two thousand and twenty-five.
The court’s reasoning
The court explained that while it generally has jurisdiction to review final orders of removal, it lacks jurisdiction to review judgments regarding relief granted pursuant to Section twelve hundred twenty-nine B. Although Section twelve hundred fifty-two subsection a two D allows review of colorable constitutional claims, Barnache failed to raise such a claim. The court found his due process argument meritless because he had no constitutionally protected interest in discretionary relief, such as an extension of time to file a brief.
What it means going forward
The dismissal reinforces that federal courts cannot review discretionary immigration decisions unless a petitioner raises a colorable constitutional claim or question of law.