Enio Mazariegos-Chojolan v. Jefferson B. Sessions , 709 F. App'x 388 ( 2017 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 16-4478
    ___________________________
    Enio Mazariegos-Chojolan
    lllllllllllllllllllllPetitioner
    v.
    Jefferson B. Sessions, III, Attorney General of the United States
    lllllllllllllllllllllRespondent
    ____________
    Petition for Review of an Order of the
    Board of Immigration Appeals
    ____________
    Submitted: December 14, 2017
    Filed: December 20, 2017
    [Unpublished]
    ____________
    Before BENTON, BOWMAN, and KELLY, Circuit Judges.
    ____________
    PER CURIAM.
    An immigration judge denied the request of Guatemalan citizen Enio
    Mazariegos-Chojolan for special-rule cancellation of removal under section 203 of
    the Nicaraguan Adjustment and Central America Relief Act of 1997 (NACARA)
    because Mazariegos-Chojolan failed to register for benefits under the settlement
    agreement in American Baptist Churches v. Thornburgh, (“ABC”), 
    760 F. Supp. 796
    (N.D. Cal. 1991) (approving a settlement that required eligible Guatemalans to notify
    the INS in writing by December 31, 1991, of their intent to receive the agreement’s
    benefits). The Board of Immigration Appeals dismissed Mazariegos-Chojolan’s
    appeal from this decision, and he now petitions this Court for review.
    Although Mazariegos-Cholojan couches much of his argument in legal terms,
    the disposition of his claim depends upon the critical factual determination whether
    he registered for ABC benefits in a timely fashion. See Manani v. Filip, 
    552 F.3d 894
    , 900 n.3 (8th Cir. 2009) (noting that an alien’s recitation of “due process” and
    legal precedent in her brief “does not convert her attack on the BIA’s exercise of
    discretion into a colorable constitutional” or legal claim over which this Court would
    have jurisdiction). Mazariegos-Cholojan’s NACARA claim is not properly before
    this Court because the agency denied relief based on his failure to register for ABC
    benefits in a timely fashion. See Molina Jerez v. Holder, 
    625 F.3d 1058
    , 1069 (8th
    Cir. 2010) (recognizing that whether an alien “registered for ABC benefits in a timely
    manner is a purely factual issue over which this court lacks jurisdiction”). The
    petition is dismissed for lack of jurisdiction.
    ______________________________
    -2-
    

Document Info

Docket Number: 16-4478

Citation Numbers: 709 F. App'x 388

Judges: Benton, Bowman, Kelly, Per Curiam

Filed Date: 12/20/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024