Hamilton v. Holder, 680 F.3d 1024

Hamilton, a Kenya native, seeks VAWA cancellation of removal under 8 U.S.C. § 1229b(b)(2)(A) after removal proceedings began in 2006.
She married U.S. citizen Boylee Hamilton in 1995; the marriage deteriorated due to his alcohol/drug use and abuse.
The couple divorced in 2004; Hamilton previously had two denied attempts at adjusting status through that marriage.
An IJ denied VAWA cancellation in 2009; the BIA affirmed, noting inconsistencies challenging the marriage's good faith.
Hamilton's petition for review argues the agency used an incorrect legal standard and that she faced extreme hardship.
The Eight Circuit dismisses for lack of jurisdiction to review the discretionary decision, while retaining jurisdiction over constitutional claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to review discretionary denial	Hamilton asserts legal error in standard applied to hardship determination.	Holder argues discretionary denial is not reviewable under § 1252(a)(2)(B)(i).	Court lacks jurisdiction to review discretionary denial.
Reviewability of weighing of hardship factors	More weight should be given to Kenya hardship and ties to the U.S.	Weighing credibility and factors is within the Attorney General’s discretion and not reviewable.	Weighing discretionary; not reviewable.
Constitutional claims	Challenge to constitutional dimensions of hardship or standards.	Agency’s discretion remains subject to constitutional review.	Court retains jurisdiction to address Constitutional claims de novo.

Sanchez-Velasco v. Holder, 593 F.3d 733 (8th Cir. 2010) (limits review of discretionary agency decisions)
Gomez-Perez v. Holder, 569 F.3d 370 (8th Cir. 2009) (limits review of agency credibility determinations)
Zacarias-Velasquez v. Mukasey, 509 F.3d 429 (8th Cir. 2007) (agency discretion governs hardship determinations)
Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (review extends to adopted IJ findings)