context: Finally, even if this court were to find that the effective date of INA SS 242(a)(2)(B) renders it inapplicable to the instant case, this court still lacks the authority to review the District Director's decision to deny an extension of voluntary departure. Prior to the enactment of the IIRIRA, the District Director had the sole authority to grant voluntary departures under the former 8 U.S.C.A. SSSS 1252(b), 1254(e).
citation_a.signal: see
citation_a.identifier: 933 F.2d 598, 598
citation_a.parenthetical: recognizing limited jurisdiction of judiciary to review such decisions under 8 C.F.R. SS 244.2 and holding that court lacked authority to review INS's discretionary grant of voluntary departure
citation_a.sentence: See Kaczmarczyk, 933 F.2d at 598 (recognizing limited jurisdiction of judiciary to review such decisions under 8 C.F.R. § 244.2 and holding that court lacked authority to review INS’s discretionary grant of voluntary departure); see also Nocon v. INS, 789 F.2d 1028, 1034 (3rd Cir.1986) (Board of Immigration Appeals has no authority to grant extension because sole authority rests with District Director); Lalani, 105 F.3d at 338 (noting that there is no meaningful standard for reviewing decisions made under 8 C.F.R. § 244.2). But see Castaneda v. INS, 23 F.3d 1576, 1579 (10th Cir.1994) (noting that some courts have recognized that District Director’s refusal to extend voluntary departure is reviewable in District Court pursuant to the general jurisdictional grant set out in 8 U.S.C. § 1329.) (citing Williams v. INS, 795 F.2d 738, 745 (9th Cir.1986)).
citation_b.signal: see also
citation_b.identifier: 789 F.2d 1028, 1034
citation_b.parenthetical: Board of Immigration Appeals has no authority to grant extension because sole authority rests with District Director
citation_b.sentence: See Kaczmarczyk, 933 F.2d at 598 (recognizing limited jurisdiction of judiciary to review such decisions under 8 C.F.R. § 244.2 and holding that court lacked authority to review INS’s discretionary grant of voluntary departure); see also Nocon v. INS, 789 F.2d 1028, 1034 (3rd Cir.1986) (Board of Immigration Appeals has no authority to grant extension because sole authority rests with District Director); Lalani, 105 F.3d at 338 (noting that there is no meaningful standard for reviewing decisions made under 8 C.F.R. § 244.2). But see Castaneda v. INS, 23 F.3d 1576, 1579 (10th Cir.1994) (noting that some courts have recognized that District Director’s refusal to extend voluntary departure is reviewable in District Court pursuant to the general jurisdictional grant set out in 8 U.S.C. § 1329.) (citing Williams v. INS, 795 F.2d 738, 745 (9th Cir.1986)).