Ruben Rodriguez-Nevarez v. Eric H. Holder, Jr. , 595 F. App'x 660 ( 2015 )

United States Court of Appeals
For the Eighth Circuit
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No. 14-2652
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Ruben Rodriguez-Nevarez
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: February 20, 2015
Filed: March 12, 2015
[Unpublished]
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Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
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PER CURIAM.
Mexican citizen Ruben Rodriguez-Nevarez petitions for review of an order of
the Board of Immigration Appeals upholding an immigration judge’s order (1)
finding petitioner removable, due to his state conviction for a controlled substance
violation, and (2) pretermitting his applications for cancellation of removal and
discretionary waiver of inadmissibility, because of statutory ineligibility. Petitioner
argues that the Board of Immigration Appeals committed legal error, and violated his
due process rights, by pretermitting his applications for relief without reviewing his
claim regarding the retroactivity of amendments to the Immigration and Nationality
Act.
Having carefully reviewed the record and the parties’ submissions, we
conclude that neither argument is sufficiently colorable to invoke our appellate
jurisdiction. See 8 U.S.C. § 1252(a)(2)(C), (D); Munos-Yepez v. Gonzales, 465 F.3d
347, 350-51 (8th Cir. 2006); Arellano-Garcia v. Gonzales, 429 F.3d 1183, 1185 (8th
Cir. 2005). Petitioner does not challenge the Board’s decision in Matter of
Abdelghany, 26 I&N Dec. 254 (2014), distinguishing INS v. St. Cyr, 533 U.S. 289
(2001). Accordingly, we dismiss the petition.
LOKEN, Circuit Judge, concurring.
In my view, whether the BIA properly distinguished INS v. St. Cyr, 553 U.S.
289 (2001), is an issue of law which we have jurisdiction to review under 8 U.S.C.
§ 1252(a)(2)(D). However, I agree with the BIA’s resolution of this issue and
therefore concur.
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