CA1: BIA can do what IJs do in removing people

Cruz-Camey v. Gonzales, No. 06-2590.  In this case, the BIA reversed an IJ on cancellation of removal.  The petitioner is from Cambodia who kept drinking and driving.  The IJ found that his substance abuse problem was temporary and treatable.  The BIA reversed, saying that there was no evidence that he really tried to treat it.  The First says that unless there is a constitutional issue, it can’t review “cancellation” issues.  Moreover, it rejects the argument that only an IJ (and not the BIA) can order someone removed.  The First blows off his argument, saying that the other circuits have rejected it, without going into any details (even though a panel of the 9th had agreed, but later was reversed by an en banc 9th.)