Igwebuike v. Caterisano, ___ F.3d ___ , 2007 WL 1180300 (4th Cir. April 20, 2007) (while courts may be barred from reviewing denials of relief based upon the exercise of judicial discretion, "There is a "distinction between eligibility for discretionary relief . . . and the favorable exercise of discretion." St. Cyr, 533 U.S. at 307 (2001). A court may review the legal standards applied in a determination of eligibility, but it may not remand a decision to grant or withhold discretionary relief. See DaCosta v. Gonzales, 449 F.3d 45, 49 (1st Cir. 2006) (holding that the court could review the BIA's determination that petitioner was ineligible for discretionary relief); Morales-Morales v. Ashcroft, 384 F.3d 418, 422 (7th Cir. 2004) (concluding that the IIRIRA does not "clearly indicate that the exclusion from judicial review is so extreme as to purport to authorize the Attorney General to disregard statutory criteria").

jurisdiction: 
Fourth Circuit

 

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