Alhuay v. U.S. Attorney General, No. 10-15334 (11th Cir. 2011)
Annotate this CasePetitioner, a Peruvian citizen, petitioned for review of the BIA's order affirming the IJ's decision that she was removable, and the IJ's denial of her applications for a waiver of removability and cancellation of removal. The court held that the plain language of 8 U.S.C. 1256(a) did not apply to removal proceedings; substantial evidence supported the IJ's and the BIA's finding that petitioner was removable under INA 212(a)(6)(C)(i), 8 U.S.C. 1182(a)(6)(C)(i); to the extent an interpreter was not present at the hearings addressing petitioner's applications for waiver of removability and cancellation of removal, petitioner had no cognizable due process interest because those forms of relief were discretionary; petitioner's claim that she was denied a full and fair hearing due to the IJ's purported bias was rejected; the court lacked jurisdiction to review the BIA's discretionary denial of petitioner's application of removability; and the court also lacked jurisdiction to review the BIA's denial of petitioner's application for cancellation of removal under INA 240A, 8 U.S.C. 1229b.
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