Jaquez v. Holder, Jr.
758 F.3d 434
1st Cir.2014Background
- Jaquez seeks review of IJ's denial of adjustment of status and removal order to the Dominican Republic.
- IJ denied relief on discretionary grounds, based on numerous DCF child abuse/neglect reports and a criminal charge, with the daughter testifying.
- IJ found admitted physical contact with his daughter in anger and emotional abuse, noted lack of responsibility, and denied adjustment.
- BIA dismissed Jaquez's appeal, agreeing the IJ's discretionary decision was amply supported and fully considered favorable factors.
- The court sua sponte addressed jurisdiction, holding it lacks jurisdiction to review discretionary denials under 8 U.S.C. §1252(a)(2)(B) and (D), with no colorable legal claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition raises a colorable legal question to permit review. | Jaquez argues the agency committed legal error via erroneous factfinding. | The arguments are about weighing evidence, not legal error; no colorable issue. | No colorable legal question; lack of jurisdiction. |
Key Cases Cited
- DaCosta v. Gonzales, 449 F.3d 45 (1st Cir. 2006) (general rule restraining review of discretionary denial; exception for colorable claims)
- Elysee v. Gonzales, 437 F.3d 221 (1st Cir. 2006) (colorable legal question requirement)
- Ayeni v. Holder, 617 F.3d 67 (1st Cir. 2010) (substance over labeling for legal questions in review)