Fernandez

Fernandez v. Mukasey

Good Law
520 F.3d 965·2008 WL 763381
United States Court of Appeals for the Ninth CircuitJanuary 7, 2008No. 06-74228California832 words

Opinion

Lead Opinion

ORDER

The opinion filed on January 7, 2008 and published at slip opinion 165-169 [ 512 F.3d 553 ], is amended as follows:

Replace the final sentence of the last full paragraph on page 168 [ 512 F.3d at 555 ], with the following:

The difficulty of meeting this standard is reflected in the rarity of grants of cancella *966 tion of removal to aliens who are not legal permanent residents: in 2006, only 3,144 individuals were granted typical cancellation of removal for a non-permanent resident, well below the annual cap of 4,000 imposed by statute. See 8 U.S.C. § 1229b(e)(l); United States Department of Justice, Executive Office for Immigration Review, FISCAL YEAR 2006 STATISTICAL YEARBOOK, Table 15.

Appellant’s petition for panel rehearing and petition for rehearing en banc are denied. No further petitions for rehearing or rehearing en banc will be accepted.

OPINION

Petitioners Peter Fernandez and Martha Katigbak appeal from a final order of removal entered after the BIA denied their application for cancellation of removal due to their lack of a qualifying relative. 8 U.S.C. § 1229b(b). Petitioners are devout Catholics who have attempted to conceive a child for many years. They…

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