Jassiem v. Gonzales

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1251
FARRIED JASSIEM,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A73-609-616)
Submitted: February 17, 2006 Decided: March 15, 2006
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Farried Jassiem, Petitioner Pro Se. James A. Hunolt, M. Jocelyn
Lopez Wright, Song Park, Office of Immigration Litigation, Civil
Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Farried Jassiem, a native and citizen of Iraq, petitions
for review of the decision of the Board of Immigration Appeals
(Board) denying his application for adjustment of status under 8
U.S.C.A. § 1255 (West 1999 & Supp. 2005). Under 8 U.S.C.A.
§ 1252(a)(2)(B)(i) (West Supp. II 2005), this court lacks
jurisdiction to review the Board’s discretionary decision to deny
adjustment of status. A narrow exception to this jurisdictional
bar exists when the petitioner raises constitutional claims or
questions of law. 8 U.S.C.A. § 1252(a)(2)(D) (West Supp. II 2005);
see Higuit v. Gonzales, 433 F.3d 417, 419 (4th Cir. 2006) (finding
no jurisdiction where Higuit raised no constitutional claims or
questions of law). Here, as Jassiem challenges only factual issues
and the Board’s exercise of discretion, we conclude that we lack
jurisdiction under § 1252(a)(2)(B)(i).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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