Background
Feng Chen sought review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s denial of a waiver of inadmissibility under Section eleven hundred eighty-two of Title eight of the United States Code. Chen challenged factual determinations, alleged translation errors by an interpreter, claimed denial of a full and fair hearing, and argued prejudice from the immigration judge’s failure to rule on a family hardship waiver request.
The court’s reasoning
The court held it lacked jurisdiction over factual findings and discretionary weighing. The claim regarding interpreter error was unexhausted. The court found no violation of the right to a full and fair hearing as counsel chose not to conduct redirect examination. Chen failed to show substantial prejudice from the immigration judge’s failure to rule on the family hardship waiver.
What it means going forward
The decision reinforces the limited scope of judicial review in immigration cases, particularly regarding discretionary relief and unexhausted claims.