Background
Nery Morales-Lopez, a native and citizen of Guatemala, petitioned for review of a Board of Immigration Appeals decision denying his application for cancellation of removal and voluntary departure. The Immigration Judge denied the cancellation of removal application on two grounds: insufficient evidence of exceptional hardship to qualifying relatives and a prior assault conviction constituting a crime of domestic violence. The Board affirmed these findings.
The court’s reasoning
The court noted that it only has jurisdiction to review constitutional claims or questions of law in denials of discretionary immigration relief. Regarding cancellation of removal, the petitioner did not challenge the Immigration Judge’s finding that a prior assault conviction rendered him statutorily ineligible, and issues not raised in an opening brief are forfeited. Furthermore, the court lacks jurisdiction to review the agency’s discretionary determination. Regarding voluntary departure, the court found no legal error in the discretionary determination and stated it lacks jurisdiction to reweigh the agency’s exercise of discretion.
What it means going forward
The decision reinforces the Ninth Circuit’s limited jurisdiction over discretionary immigration rulings and confirms that statutory ineligibility findings, such as those based on domestic violence convictions, can independently bar relief without further hardship analysis.
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