July 18, 2019

Tenth Circuit: Immigration Hardship Determination Is Unreviewable Discretionary Decision

The Tenth Circuit Court of Appeals published its opinion in Munis v. Holder on Tuesday, July 2, 2013.

Petitioner Peter Dausen Munis appealed from an order of the Board of Immigration Appeals (BIA) that dismissed his administrative appeal from an order of the immigration judge (IJ) denying his requests for discretionary relief from removal. The IJ found him inadmissible because of his criminal history. He sought a waiver of inadmissibility under 8 U.S.C. § 1182(h)(1)(B), based on alleged extreme hardship to his wife if he was removed.

The court joined two other circuits in holding “based on existing Tenth Circuit law . . . the hardship determination required for a waiver of inadmissibility under § 1182(h)(1)(B) is an unreviewable discretionary decision.” The court dismissed the petition for review for lack of jurisdiction.

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