Olushina v. U.S. Dept. of Justice
Docket: No. 07-5315-ag
Court: Court of Appeals for the Second Circuit; February 12, 2009; Federal Appellate Court
Petitioner Aderonke Helen Olushina seeks review of the Board of Immigration Appeals' October 29, 2007 decision, which upheld the Immigration Judge's (IJ) denial of her application for cancellation of removal under 8 U.S.C. § 1229b(a). Olushina claims the IJ misinterpreted and overlooked key evidence, constituting a legal error in the discretionary denial of her application. The REAL ID Act allows judicial review of factual and discretionary decisions by the Attorney General only if the petition presents a constitutional claim or a question of law. The IJ applied the correct legal standard and appropriately balanced the favorable factors—such as Olushina's long residency, work history, U.S.-born children, and family ties—against adverse factors, including her criminal convictions for theft and fraud. The IJ noted these convictions, particularly the most recent one following her awareness of potential risks to her Legal Permanent Resident status, and emphasized her obligation to pay restitution for prior crimes. Despite a minor factual misstatement regarding the duration of Olushina's residency and a lack of specific community value description, the IJ's analysis did not constitute an "unambiguous misstatement" that would raise a legal question. Olushina's arguments primarily challenge the IJ's discretionary judgment rather than raise constitutional or legal issues. Consequently, the court lacks jurisdiction to review the petition, leading to its dismissal.