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75 F. App'x 265

Roman v. Ashcroft

U.S. Courts of Appeals

Decided September 15, 2003

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U.S. Courts of Appeals · decided 2003-09-15

Applies 8 U.S.C. § 1229 (§ 239 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Moosa v. Immigration & Naturalization Service · Antonio Rodriguez v. John Ashcroft, U. S. Attorney General

Decided 2003-09-15

PER CURIAM. 1

¶1 Margarito Roman petitions this court for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s order denying his application for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(l). Roman argues that his removal from the country will cause his children undue hardship. This court lacks jurisdiction to review the merits of his petition because whether Roman’s children will suffer hardship if he is removed is subject to the discretion of the Attorney General. 8 U.S.C. §§ 1229(b) and 1252(a)(2)(B); Rodriguez v. Ashcroft, 253 F.3d 797, 799 (5th Cir.2001); Moosa v. INS, 171 F.3d 994, 1012-13 (5th Cir.1999).

¶2 The petition to review is DISMISSED.

1

¶3 . Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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