Munis v. Holder

Pro se petitioner Peter Munis appealed a Board of Immigration Appeals (BIA) order that dismissed his appeal of an immigration judge's denial of his request for discretionary removal. Petitioner overstayed his student visa and got a job without authorization which led to initiation of removal proceedings. Petitioner conceded the charge of removability, but sought discretionary relief, arguing that his marriage to an American citizen was grounds to adjust his status, and without relief, would pose an extreme hardship to his wife. The government raised petitioner's criminal history as grounds for removal. The IJ denied relief and the BIA dismissed his appeal. Finding that the BIA's discretionary denial of a waiver of inadmissibility or adjustment of status absent a legal or constitutional question was unreviewable, the Tenth Circuit dismissed petitioner's appeal for lack of jurisdiction. View "Munis v. Holder" on Justia Law