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Monday, May 15, 2006

Unreviewable discretion. The Second Circuit refused to review an immigration judge's discretionary refusal to find that the petitioner had shown "unusual or outstanding equities" sufficient to overcome the extremely adverse circumstances -- repeated convictions of crimes -- to justify granting him a waiver of removal under the Immigration and Nationality Act. The Court held that it had no jurisdiction to review the immigration judge's finding, under 8 U.S.C. 1252(a)(2)(B)(ii). The petitioner had also failed to raise any colorable constitutional claims or questions of law sufficient to invoke the Court's jurisdiction, under 8 U.S.C. 1252(a)(2)(D).

The decision in Avendano-Espejo v. Department of Homeland Security can be found here.

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