Mendoza-Caballero

MEMORANDUM **

Lazaro Mendoza-Caballero, his wife, Ines Xotla-Mendoza, and their son, Jonathan Mendoza-Xotla, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of their applications for suspension of deportation and cancellation of removal and the subsequent denial of their motion to reopen.

First, we lack jurisdiction to address the Petitioners’ argument that the Immigration and Naturalization Service (“INS”) should have commenced deportation proceedings after they presented themselves, rather than waiting approximately seven months to issue their notice to appear. The Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) provides in part, “no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.” 8 U.S.C. § 1252 (g). Thus, we lack jurisdiction to consider the decision to delay the commencement of the removal proceedings. Jimenez-Angeles v.…