091283P.pdf   08/25/2010  Jose Favio Molina Jerez  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  09-1283
   Board of Immigration Appeals   
   [PUBLISHED] [Riley, Author, with Wollman and Shepherd, Circuit Judges]
   Petition for Review - Immigration. With respect to
   reinstatement-of-removal orders, the court has jurisdiction to review a
   constitutional claim or a question of law but not the DHS's factual
   findings or discretionary judgments; applying this standard, the court
   lacks subject matter over the bulk of Molina's petition; the court could
   not review the factual determination as to whether Molina applied for
   ABC benefits on or before December 31, 1991 and could not, therefore,
   afford Molina special cancellation of removal under NACARA; 8 U.S.C.
   Sec. 1231(a)(5) (IIRIRIA) does not have impermissible retroactive effect
   as applied to Molina, and the remainder of his petition for review is
   denied; once the district court determined it lacked jurisdiction over
   Molina's related habeas petition, it was required to transfer the case to the
   court of appeals; upon transfer, the petition is dismissed in accordance
   with the court's disposition of his petition for review. Judge Wollman,
   dissenting.