Sanchez

Sanchez v. Ashcroft

Good Law
46 F. App'x 584
United States Court of Appeals for the Ninth CircuitSeptember 20, 2002No. 02-70258; INS Nos. A75-597-230, A75-597-231California345 words

Opinion

Lead Opinion

MEMORANDUM **

Armando Avalos Sanchez and his wife, Bertha Salazar Segovia, natives and citi *585 zens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their applications for cancellation of removal. We dismiss in part and grant in part the petition for review.

We lack jurisdiction to review the BIA’s decision denying Sanchez’s application for cancellation of removal because the determination of whether an applicant has shown exceptional and extremely unusual hardship is a discretionary act. See Molino-Estrada v. INS, 298 F.3d 1089, 1093 (9th Cir.2002), quoting Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir. 2002); cf Kalaw v. INS, 133 F.3d 1147, 1152 (9th Cir.1997) (holding that this court lacks jurisdiction to review the BIA’s determination of the statutory requirement of extreme hardship under the transitional rules because that determination “is clearly a discretionary act”). We therefore dismiss the petition for review with respect to Sanchez.

We have jurisdiction to review the denial of Segovia’s application for cancellation of removal because it involves the legal determination of whether an applicant has shown ten…

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