Moussa Diallo v. Eric H. Holder, Jr., 715 F.3d 714

Diallo petitions for review of a BIA denial of adjustment of status under 8 U.S.C. §1255(a).
Removal proceedings were initiated afterDiallo failed to comply with his non-immigrant student visa conditions.
IJ found Diallo statutorily ineligible due to providing material support to a terrorist organization under 8 U.S.C. §1182(a)(3)(B) and would deny on discretion even if eligible; proceedings were not administratively closed.
BIA affirmed the IJ, and Diallo challenged through a petition for review, raising due process, credibility, and statutory eligibility arguments.
Court engages in de novo jurisdictional analysis, reaffirming that review is generally unavailable for discretionary denials of adjustment of status, except for legal or constitutional claims.
Court holds that the IJ’s discretionary denial controlled and that challenges to administrative closure and adverse credibility implicate discretionary or factual issues not subject to review, sustaining the BIA decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court has jurisdiction to review discretionary denials of adjustment of status	Diallo asserts jurisdiction to review due process aspects and legal claims.	Diallo's claims are largely discretionary determinations barred from review.	Court lacks jurisdiction to review discretionary denial; limited review only for legal/constitutional claims.
Whether the denial of administrative closure violated due process	Diallo contends due process rights were violated by failure to administratively close.	Administrative closure is not subject to meaningful judicial review and carries no constitutional right.	No reviewability; §1252(a)(2)(B)(i) bars review of administrative-closure challenges.
Whether the BIA erred in affirming adverse credibility findings	Diallo challenges credibility findings as against his conduct with a terrorist organization.	Credibility determinations are factual and not reviewable on appeal.	Lacks jurisdiction to review adverse-credibility findings.
Whether Diallo was statutorily barred from adjustment of status based on wrongdoing	Diallo claims he did not knowingly provide material support and challenges the statutory bar.	Challenge is a repackaging of credibility findings and falls outside review; discretionary denial remains dispositive.	Discretionary denial controls; statutory-bar argument not reviewable.

Nadeem v. Holder, 599 F.3d 869 (8th Cir. 2010) (adverse credibility challenges are not reviewable on appeal)
Toby v. Holder, 618 F.3d 963 (8th Cir. 2010) (discretionary denial of relief is not reviewable as to its merits)
Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (review limited to BIA order; IJ findings adopted by BIA reviewed only to extent adopted)
Hernandez v. Holder, 606 F.3d 900 (8th Cir. 2010) (no constitutional right to administrative closure; closure is administrative convenience)
Ibrahimi v. Holder, 566 F.3d 758 (8th Cir. 2009) (no due process liberty interest in discretionary relief from removal)