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REYES-VASQUEZ v. ASHCROFT

No. 03-3326.

395 F.3d 903 (2005)

Antonio REYES-VASQUEZ, Petitioner, v. John ASHCROFT, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2005.

Attorney(s) appearing for the Case

Benjamin Casper, argued, West Saint Paul, Minnesota, for petitioner.

Jamie M. Dowd, argued, Washington, D.C. (Peter D. Keisler, David V. Bernal, and Russell J.E. Verby on the brief), for respondent.

Before WOLLMAN and HEANEY, Circuit Judges, and HOLMES, District Judge.

WOLLMAN, Circuit Judge.

Antonio Reyes-Vasquez petitions for review of the determination of the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) that he is not entitled to cancellation of removal under 8 U.S.C. § 1229b(b). He asserts, however, that we may not reach the merits of his claim until the BIA issues a reasoned opinion because, he argues, the BIA's affirmance without opinion procedure is unconstitutional under separation of powers principles...

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