Ortega v. Holder, No. 11-2280 (1st Cir. 2013)
Annotate this CasePetitioner, a native and citizen of the Dominican Republic, was admitted to the United States as a lawful permanent resident in 1969. In 2008 and 2009, Petitioner pleaded nolo contendere in state court in two separate cases to possession of a controlled substance. The Department of Homeland Security subsequently initiated removal proceedings against Petitioner as an alien convicted of violating a law relating to a controlled substance. Petitioner applied for cancellation of removal. An immigration judge (IJ) granted Petitioner's application for relief because of Petitioner's extended residency, strong family ties, and history of employment in the United States. The Board of Immigration Appeals (BIA) vacated the IJ's decision, determining (1) Petitioner's second state conviction triggered the statutory bar against her application for removal; and (2) Petitioner failed to establish a claim for relief on the merits. On remand, the IJ entered an order of removal, and the BIA affirmed. The First Circuit Court of Appeals dismissed Petitioner's petition for review for lack of jurisdiction because it could not overturn a BIA's discretionary denial of relief, and any opinion it reached on Petitioner's statutory or procedural claims would be purely advisory and beyond the Court's authority.
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