Case Explained: Non-Argument Calendar PRAXEDIS RODRIGUEZ BARNACHE v. U.S. ATTORNEY GENERAL

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-07-24 The eleventh-circuit granted the government’s motion to dismiss Praxedis Rodriguez Barnache’s petition for review of a Board of Immigration Appeals (BIA) final order affirming the denial of his application for cancellation of removal. The court held that it lacked jurisdiction to review the BIA’s decision because 8 U.S.C. § 1252(a)(2)(B)(i) strips appellate courts of jurisdiction to review judgments regarding relief granted pursuant to 8 U.S.C. § 1229b. Although 8 U.S.C. § 1252(a)(2)(D) preserves jurisdiction over colorable constitutional claims or questions of law, the court determined that Barnache’s due process argument was not colorable. The court reasoned that Barnache does not have a constitutionally protected interest in obtaining an extension of time to file a brief or having the BIA consider his late-filed brief, as these are forms of discretionary relief for which there is no constitutional right. Consequently, the petition was dismissed for lack of jurisdiction. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.