Silder Ramos v. Eric Holder, Jr.

592 F. App'x 612

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 6, 2015
• Docket: 11-71999
• Status: Unpublished

Opinion

ORDER ***

Petitioner, Silder Isaías Zuniga Ramos contends' he is eligible for Special Rule Cancellation for one of two reasons: (1) he indeed “filed” an asylum application before April 1, 1990; and (2) he is an ABC class member that demonstrated an “intent” to register by his 1988 and 1993 asylum applications. See American Baptist Churches v. Thornburgh (“ABC ”), 760 F.Supp. 796 (N.D.Cal.1991). “IIRIRA expressly precludes federal courts from reviewing the agency’s factual determination that an immigrant is ineligible for ABC benefits [] or special rule cancellation of removal under NACARA § 203.” Ixcot v. Holder, 646 F.3d 1202, 1213-14 (9th Cir.2011). “Section 309(c)(5)(C)(ii) [of IIRI-RA] provides that ‘[a] determination by the Attorney General as to whether an alien satisfies the requirements of clause (i) is final and shall not be subject to review by any court.’ Therefore, we lack jurisdiction to determine [petitioner’s] statutory eligibility for NACARA § 203 relief.” Lanuza v. Holder, 597 F.3d 970, 971 (9th Cir.2010) (per curiam) (citation omitted).

DISMISSED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.