Court lacks jurisdiction to review Board of Immigration Appeals finding that an alien's removal would not cause their children exceptional hardship.
CASE FACTS:
Husband and wife entered the United States without inspection. Thereafter they filed applications for cancellation of removal proceedings against them. They alleged that their removal would result in an EXTREME AND EXCEPTIONAL UNUSUAL HARDSHIP on their children, all of whom were United States citizens.
The Board of Immigration Appeals (BIA) affirmed the Immigration Judge's denial of relief. The Petitioners argued that the Immigration Judge failed to consider the children's compelling special needs in school.
The Appellate Court dismissed the petition stating that it lacked jurisdiction to review any legal argument that is so "insubstantial adn frivolous" as to be inadequate to invoke federal question jurisdiction. the Appellate Court further found that a cursory review of the Immigration Judge's decision showed that the Immigration Judge applied the correct precedent in making the hardship determination. The Immigration Judge also considered the physical impediment of petitioner's child and rendered an analysis of the hardship that removal would inflict on any or all of petitioner's children.
Because the Immigration Judge applied the correct legal standard, the Appellate Court could not proceed further to determine whether the Immigration Judge properly applied the facts of this case to the "EXTREME AND EXCEPTIONAL UNUSUAL HARDSHIP" standard. The Appellate Court found that petitioner's claims were so insubstantial and frivolous as to preclude appellate jurisdiction over them, and denied petitioner's petition for review.
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