Aggravated Felonies



 
 

§ 2.19 XIV. Judicial Review Limitations

 
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The following discussion is limited to judicial-review restrictions related to criminal grounds of removal, and relief from removal based on those grounds, and does not analyze other limitations on judicial review.[233]


[233] One example of a non-criminal jurisdictional bar can be found at INA § 208(a)(3), 8 U.S.C. § 1158(a)(3), barring judicial review of certain asylum-related issues. Ramadan v. Gonzalez, 427 F.3d 1218 (9th Cir. Nov. 2, 2005) (INA § 242(a)(2)(D), 8 U.S.C. § 1252(a)(2)(D) does not allow appellate review of factual issues or mixed questions of law and fact related to one-year asylum deadline).  See also Toro-Romero v. Ashcroft, 382 F.3d 930 (9th Cir. Aug. 30, 2004) (under INA § 242(a)(2)(C), 8 U.S.C. § 1252(a)(2)(C), court of appeals is not barred from jurisdiction to review final removal order against noncitizen who has been ordered removed based on INA § 212(a)(2)(C), 8 U.S.C. § 1182(a)(6)(C)(ii) false claim of citizenship).

 

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