CA1: no review of hardship determinations

Rodrigues-Nascimento v. Gonzales, No. 06-1438.  This case comes down a question of whether the IJ’s decision regarding “undue hardship” 8 U.S.C. § 1182(h) can be reviewd.  Because it wasn’t a constitutional claim, the First says that review is precluded by the REAL ID Act, and therefore the claim that the IJ gave the wrong weight to some evidence is unreviewable.  He didn’t develop the claim that he was improperly denied voluntary departure, so that was deemed waived.

Of note is the following: Petitioner was arrested and pled guilty to assault and battery with a dangerous weapon for kicking his wife with a shoed foot.”