Morales-Diaz

Morales-Diaz v. Ashcroft

Good Law
54 F. App'x 276
United States Court of Appeals for the Ninth CircuitDecember 27, 2002No. Civ.A.02-70499; INS No. A76-366-598California410 words

Opinion

Lead Opinion

*277 MEMORANDUM **

Isidra Morales-Diaz petitions for review of a final order of the Board of Immigration Appeals affirming an immigration judge’s denial of her application for cancellation of removal. She contends that the judge erred by ruling that she failed to establish that she has a “qualifying relative.” We deny the petition for review.

DISCUSSION

We have jurisdiction to review the denial of Morales-Diaz’s application for cancellation of removal. The record indicates that she sufficiently raised her claim before the BIA to satisfy the exhaustion requirements of 8 U.S.C. § 1252 (d)(1). See Agyeman v. INS, 296 F.3d 871, 877-78 (9th Cir.2002); Socop-Gonzalez v. INS, 272 F.3d 1176, 1184 (9th Cir.2001) (en banc). Moreover, we retain jurisdiction to review the BIA’s nondiscretionary determination that a petitioner is statutorily ineligible for cancellation of removal. See Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002); Molina-Estrada v. INS, 293 F.3d 1089,1093 (9th Cir.2002).

Morales-Diaz was required to establish for purposes of her application “that removal would result in exceptional and extremely unusual hardship to the alien’s spouse ... who is a citizen…

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