[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-12042

Non-Argument Calendar

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Agency No. A093-318-690

FERNANDO OLIVEROS DERAS, 

 Petitioner,

 versus

U.S. ATTORNEY GENERAL, 

 Respondent.

________________________

Petition for Review of a Decision of the

Board of Immigration Appeals

________________________

(April 29, 2021)

Before WILSON, JORDAN, and GRANT, Circuit Judges.

PER CURIAM: 

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Fernando Oliverso Deras seeks review of the Board of Immigration Appeals’ 

final order affirming an Immigration Judge’s denial of his application for 

cancellation of removal under 8 U.S.C. § 1229b(b). The BIA held that Mr. Deras’ 

application did not warrant discretionary relief, which is a decision over which this 

Court lacks jurisdiction to review. See 8 U.S.C. § 1252(a)(2). We therefore dismiss 

the petition. 

I

Mr. Deras is a native and citizen of Mexico. In September of 2013, the 

Department of Homeland Security served him with a notice to appear, in which he 

was charged with being removable under 8 U.S.C. § 1182(a)(6)(A)(i), as an alien

present in the United States without having been admitted or paroled; and under 8 

U.S.C. § 1182(a)(7)(A)(i)(I), because he sought admission without a proper entry 

document. At a removal hearing in January of 2015, Mr. Deras conceded both

charges of removability. 

Mr. Deras then sought cancellation of the removal as a non-lawful permanent 

resident under 8 U.S.C. § 1229b(b)(1). In March of 2018, the IJ issued a decision 

denying cancellation of removal both because Mr. Deras had not shown exceptional 

and extremely unusual hardship to his children, who were United States citizens, and 

because he did not merit the relief as a matter of discretion. Mr. Deras appealed the 

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IJ’s decision, and the BIA upheld the determination that Mr. Deras did not merit 

cancellation as a matter of discretion. The BIA determined that it was unnecessary 

to address whether Mr. Deras had established sufficient hardship. 

Mr. Deras now seeks our review of that BIA decision, and asserts that the BIA 

erred in affirming the IJ’s conclusions. He argues that the IJ put undue weight on 

his criminal history, which does not include any serious offenses, and that the 

positive equities of his case—among them, the need to provide for his children—

outweigh the negative equities. The government argues in response that this Court 

lacks jurisdiction over the petition for review because Mr. Deras has not raised any 

legal or constitutional claim that would provide jurisdiction. Mr. Deras did not file 

a reply brief. 

II

We lack jurisdiction to review any order or judgment regarding relief under 

certain provisions of the INA, including those concerning cancellation of removal 

and adjustment of status. See INA § 242(a)(2)(B)(i), 8 U.S.C. § 1252(a)(2)(B)(i). 

Notwithstanding that jurisdictional bar, we retain jurisdiction to review any petition 

that raises a constitutional claim or question of law. See INA § 242(a)(2)(D), 8 

U.S.C. § 1252(a)(2)(D). 

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Here, the BIA agreed with the IJ’s determination that Mr. Deras’ application 

for cancellation of removal did not warrant granting as a matter of discretion. That 

discretionary determination is not reviewable, and Mr. Deras’ only argument on 

appeal is that the facts of his case merit discretionary relief. See Patel v. Att’y Gen., 

971 F.3d 1258, 1279 (11th Cir. 2020) (en banc) (explaining that we lack jurisdiction 

to review factual challenges to a denial of discretionary relief). See also Alhuay v. 

U.S. Att’y Gen., 661 F.3d 534, 549-50 (11th Cir. 2011) (“what constitutes an 

‘exceptional and extremely unusual hardship’ is itself a discretionary 

determination”) (citation omitted). Mr. Deras has not raised any constitutional claim 

or question of law that allows for judicial review of the BIA’s order. 

III

We dismiss Mr. Deras’ petition because we lack jurisdiction to review it.

PETITION DISMISSED. 

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