Garcia-De Delgado v. Ashcroft

MEMORANDUM **

Teresa Garcia-De Delgado and her daughter, Maria Andrea Delgado-Garcia, petition for review from an order by the Board of Immigration Appeals dismissing their appeal of a decision by the Immigration Judge (IJ) denying their applications for suspension of deportation and cancellation of removal. We lack jurisdiction to review the Delgados’ claim concerning the timing of their removal proceedings, and we deny the petition as to their other claims.

I

The Delgados’ contention that we may review pre-commencement actions of the Immigration and Naturalization Service (INS) boils down to an attack on the INS’s decision to initiate removal proceedings after the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Pub.L. 104-208, 110 Stat. 3009 (1996), rather than deportation proceedings. However, their argument is foreclosed by Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002). We lack jurisdiction over decisions when, as well as whether, to commence a proceeding. INA § 242(g), 8 U.S.C. § 1252 (g).

II

The Delgados’ equitable estoppel claim fails in light of Cortez-Felipe v. INS, 245 F.3d 1054, 1057 (9th Cir.2001). Their…