| The Eighth Circuit denied petitions for review of the BIA's denial of petitioner's application for cancellation of removal (No. 18-1531) and denial of his motion to reopen and reconsider (No. 18-3164). The court affirmed the BIA's denial of petitioner's application for cancellation of removal, holding that the decision to grant cancellation of removal was a discretionary act by the Attorney General that this court may not review. Furthermore, petitioner had no right to due process in the purely discretionary remedy of cancellation of removal because no constitutionally cognizable liberty interest arose from it, and his claim that the actions of ICE violated his due process rights in his agency proceeding were unavailing. Finally, the court held that it lacked jurisdiction to consider petitioner's claim that the BIA erred in weighing the many factors regarding petitioner's moral character and the relevant hardships. The court also affirmed the BIA's denial of petitioner's motion to reopen and reconsider, holding that petitioner's claim failed because, if the BIA had reopened the case, the issue was whether petitioner was entitled to cancellation of removal–a form of discretionary relief that he has no constitutionally protected interest in receiving. Therefore, the BIA did not abuse its discretion when it declined to reopen and reconsider this case. |
