082177P.pdf   07/31/2009  Chanh Lovan  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  08-2177
   Board of Immigration Appeals   
   [PUBLISHED] [Loken, Author, with Melloy and Benton, Circuit Judges]
   Petition for Review - Immigration. Petitioner is not precluded from
   relief under INA Sec. 212(c) by the Supreme Court's decision in INS v.
   St. Cyr, 533 U.S. 289 (2001), and whether he is eligible for relief under
   former Section 212(c) is an issue of law the court had jurisdiction to
   consider under 8 U.S.C. Sec. 1252(a)(2)(D); the matter must be remanded
   to the BIA because it failed to consider whether petitioner was eligible
   for nunc pro tunc Section 212(c) relief under the In re L- line of cases;
   court lacked jurisdiction to consider petitioner's claim that BIA erred in
   denying his request for withholding of removal because that decision is
   discretionary.