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Gonzalez Duenas v. Holder

Good Law
367 F. App'x 764
United States Court of Appeals for the Ninth CircuitFebruary 23, 201007-73416California261 words

Opinion

Opinion

MEMORANDUM

In these consolidated petitions, Francisco Gonzalez Dueñas and Lourdes Villagra De Gonzalez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal, and the BIA’s order denying their motion to reopen based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and claims of due process violations, including those due to ineffective assistance of counsel, and we review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss the petition for review in No. 07-70950, and we deny the petition for review in No. 07-73412.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

We agree that petitioners failed to demonstrate that the performance of their pri- or representatives resulted in…

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