Gil Bugayong v. Immigration and Naturalization Service

Summary

The Second Circuit held that it lacked jurisdiction to review discretionary denials of a section 212(h) waiver of inadmissibility and an adjustment of status under section 245 of the Immigration and Nationality Act. The court further held that the REAL ID Act did not restore jurisdiction because the petitioner raised no colorable constitutional claim or question of law. The petition for review was dismissed.

Holdings

1. 8 U.S.C. § 1252(a)(2)(B)(i) bars judicial review of the IJ's discretionary denial of a waiver of inadmissibility under INA section 212(h).
2. 8 U.S.C. § 1252(a)(2)(B)(i) bars judicial review of the IJ's discretionary denial of adjustment of status under INA section 245.
3. In the circumstances presented, 8 U.S.C. § 1252(a)(2)(D) did not restore jurisdiction because Bugayong challenged discretionary and factual determinations and raised no colorable constitutional claim or question of law.
4. A finding of extreme hardship establishes only eligibility for section 212(h) relief and does not compel the grant of a waiver; the ultimate decision remains discretionary.

Questions Presented

1. Whether the Second Circuit had jurisdiction to review the discretionary denial of a waiver of inadmissibility under INA section 212(h).
2. Whether the Second Circuit had jurisdiction to review the discretionary denial of adjustment of status under INA section 245.
3. Whether section 106 of the REAL ID Act, codified at 8 U.S.C. § 1252(a)(2)(D), restored jurisdiction because Bugayong characterized the agency's actions as factual, legal, arbitrary, or due-process errors.
4. Whether a finding of extreme hardship under INA section 212(h) compelled the Attorney General or IJ to grant the waiver.

Disposition

dismissed