The Sixth Circuit has denied consolidated petitions for review filed by an Albanian lawful permanent resident whose cancellation of removal grant was reversed by the BIA. The respondent had entered the United States as a child and had significant family equities, but also had an extensive criminal history.
The Court held that it lacked jurisdiction to review the BIA’s discretionary weighing of positive and negative equities. The Court rejected the argument that the BIA had engaged in impermissible fact-finding, finding instead that the Board permissibly reweighed the facts found by the Immigration Judge. The Court also denied review of the motion to reconsider, finding that the respondent had waived his removability challenge by requesting summary affirmance of the IJ’s decision below.
The full text of Dodaj v. Blanche can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0162p-06.pdf