David Williams v. Scott Horner

1Kostraba does not challenge the denial of readjustment of status for refugees,
asylum, withholding of removal, relief under the Convention Against Torture, or
voluntary departure. See Averianova v. Mukasey, 509 F.3d 890, 892 n.1 (8th Cir.
2007) (alien waived claim by failing to present argument on appeal).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-1617
___________
Valeriy Yuryevich Kostraba, *
*
Petitioner, *
* Petition for Review of
v. * an Order of the Board
* of Immigration Appeals.
Eric H. Holder, Jr., Attorney General *
of the United States, * [UNPUBLISHED]
*
Respondent. *
___________
Submitted: November 12, 2010
Filed: November 17, 2010
___________
Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Valeriy Yuryevich Kostraba, a native and citizen of Ukraine, petitions for
review of an order of the Board of Immigration Appeals (BIA), which affirmed an
immigration judge’s denial of his application for cancellation of removal.1 We
conclude that Kostraba’s arguments regarding the BIA’s discretionary denial of

-- 1 of 2 --

-2-
cancellation of removal are unreviewable, see Saleheen v. Holder, 618 F.3d 957,
960-62 (8th Cir. 2010) (court lacks jurisdiction to review “the ultimately discretionary
denial of cancellation of removal”), and that his other arguments are unavailing, see
Sanchez v. Holder, 614 F.3d 760, 763 (8th Cir. 2010) (where alien concedes
removability on one ground, appeals court need not consider correctness of
determination that alien is also removable on other ground); Sanchez-Velasco v.
Holder, 593 F.3d 733, 737 (8th Cir. 2010) (“aliens have no right to due process in the
purely discretionary remedy of cancellation of removal”); Munoz-Yepez v. Gonzales,
465 F.3d 347, 349-50 (8th Cir. 2006) (grant of discretionary waiver of criminal
grounds of excludability did not mean that crimes disappeared from alien’s record for
all immigration purposes).
Accordingly, we deny the petition for review.
______________________________

-- 2 of 2 --