Patel v. Attorney General of the United States

Seemabahen Patel has filed a petition for review of the Board of Immigration Appeals ("BIA") final order affirming the denial of her application for cancellation of removal. She has also requested a stay of the voluntary departure ordered by the Immigration Judge ("IJ"). At issue is whether we have jurisdiction over her petition for review, which challenges an adverse "hardship" determination, and whether, pursuant to 8 C.F.R. § 1240.26(i), we have the ability to stay her voluntary departure once she has filed a petition for review. We conclude that we lack the ability to stay her voluntary departure because, pursuant to that regulation, her voluntary departure terminated upon her filing of a petition for review. We also conclude that we lack jurisdiction to consider her challenge to the agencys discretionary determination as to her claim of hardship.