Maria Martinez-Rosas v. Alberto R. Gonzales, Attorney General

Maria Martinez-Rosas, a native and citizen of Mexico, appeals the district court’s order dismissing her 28 U.S.C. § 2241 ha-beas corpus petition, which challenged the order of removal entered by an immigration judge (“IJ”) and affirmed by the Board of Immigration Appeals (“BIA”). We treat Martinez-Rosas’ appeal as a petition for review pursuant to section 106(a) of the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B., 119 Stat. 231 (2005), and dismiss in part and deny in part.

I.

Martinez-Rosas entered the United States without inspection in 1987. On March 20, 1998, she was issued a Notice to Appear. At her hearing, Martinez-Rosas admitted unlawful entry, but requested cancellation of removal pursuant to 8 U.S.C. § 1229b. The IJ denied her request for cancellation of removal on the ground that she failed to establish that “removal would result in exceptional and extremely unusual hardship to [her] spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.” 8 U.S.C. § 1229b(b)(l)(D).

The BIA affirmed the IJ’s decision without opinion pursuant to 8 C.F.R. § 1003.1 (d)(2)(i). Martinez-Rosas then filed a petition for…