Jaquez v. Holder, Jr. ( 2014 )


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  •           United States Court of Appeals
    For the First Circuit
    No. 13-2186
    JOSE MANUEL JAQUEZ,
    Petitioner,
    v.
    ERIC H. HOLDER, JR., Attorney General,
    Respondent.
    PETITION FOR REVIEW OF AN ORDER
    OF THE BOARD OF IMMIGRATION APPEALS
    Before
    Lynch, Chief Judge,
    Lipez and Howard, Circuit Judges.
    Randy Olen on brief for petitioner.
    Stuart F. Delery, Assistant Attorney General, Civil Division,
    Terri J. Scadron, Assistant Director, Office of Immigration
    Litigation, Corey L. Farrell, Office of Immigration Litigation,
    Civil Division, on brief for respondent.
    July 15, 2014
    LYNCH, Chief Judge.       Jose Manuel Jaquez seeks review of
    a decision denying his application for adjustment of immigration
    status and ordering him removed to the Dominican Republic.               The
    Immigration    Judge   ("IJ")    denied   his   request   for   relief    on
    discretionary grounds, and the Board of Immigration Appeals ("BIA")
    dismissed his appeal, finding that the IJ's decision was amply
    supported in the extensive record and that the IJ had fully
    considered any offsetting favorable factors. Jaquez does not raise
    a colorable legal question or constitutional claim in his petition
    for review.     We do not have jurisdiction over the petition, 
    8 U.S.C. § 1252
    (a)(2)(D), and so we dismiss it.
    On    December   26,   2012,    the   IJ   denied   petitioner's
    application for adjustment of status, on the basis of numerous
    Child Abuse/Neglect reports from the Massachusetts Department of
    Children and Family ("DCF"), as well as a criminal charge, that
    detailed a fairly extensive history of petitioner's emotionally and
    physically abusive behavior towards his daughter.             The daughter
    also testified during the hearing.
    Relying on this evidence, and taking note of various
    inconsistencies between the reports and the live testimony, the IJ
    concluded that petitioner "admi[tted] to DCF investigators that he
    did in fact have physical contact with his daughter in anger, and
    was emotionally abusive to her."      The IJ noted there was no excuse
    for the physical and emotional abuse inflicted, and that petitioner
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    had not taken responsibility.           She denied petitioner's application
    for adjustment of status.
    Petitioner timely appealed to the BIA, and on August 28,
    2013, the Board dismissed his appeal.               The BIA "agree[d] that the
    reasons identified by the Immigration Judge sufficiently support
    her decision to deny [Jaquez]'s application in her discretion."
    This petition for review followed.
    As a general matter, this court lacks jurisdiction to
    review   the     agency's       discretionary        denial      of   petitioner's
    application for adjustment of his immigration status.                          
    8 U.S.C. § 1252
    (a)(2)(B); see DaCosta v. Gonzales, 
    449 F.3d 45
    , 49 (1st Cir.
    2006).   There is one exception to this general rule: we do retain
    appellate jurisdiction where the petition raises claims premised on
    constitutional      claims        or   questions         of   law.         
    8 U.S.C. § 1252
    (a)(2)(D).         Such    claims      of   error     must    at    least    be
    "colorable."      Elysee v. Gonzales, 
    437 F.3d 221
    , 223 (1st Cir.
    2006).   The parties do not dispute that the IJ and BIA decisions in
    this case fall within the INA's general jurisdiction-stripping
    provision;      however,    petitioner         argues     that   "[t]he        Agency's
    erroneous factfinding" is itself an error of law. He is incorrect.
    In    spite     of   his    attempts     to   label   them      otherwise,
    petitioner's arguments are all objections to the manner in which
    the agency evaluated and weighed the evidence in the record.
    Simply describing these factual arguments as a claim that the
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    agency   committed    an   error    of   law    is    insufficient    to   confer
    jurisdiction.     See Ayeni v. Holder, 
    617 F.3d 67
    , 70-71 (1st Cir.
    2010) ("The presence vel non of either a constitutional or legal
    question is a matter of substance, not a function of labeling.").
    The Agency denied petitioner's application for adjustment of status
    in the exercise of its discretion and on the basis of its review of
    the   record;    petitioner   presents     to    us    no   legal   argument     to
    undermine that result.
    The    petition    for   review      is    dismissed     for   lack   of
    jurisdiction.
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Document Info

Docket Number: 13-2186

Judges: Lynch, Lipez, Howard

Filed Date: 7/15/2014

Precedential Status: Precedential

Modified Date: 10/19/2024