Soto-Onate

Soto-Onate v. Ashcroft

Good Law
91 F. App'x 618
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 02-70796California307 words

Opinion

Lead Opinion

MEMORANDUM ***

Elias Soto-Onate and his minor stepson, Alan Morales, natives and citizens of Mexico, petition for review of the summary affirmance by the Board of Immigration Appeals (“BIA”) of the decision of an im *619 migration judge (“IJ”) denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process challenges to immigration decisions and the jurisdictional limitations of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We deny the petition in part, and dismiss it in part.

Petitioners’ contention that the BIA’s summary affirmance without an opinion violates due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-49 (9th Cir.2003).

The IJ properly found that the minor petitioner, Alan Morales, was statutorily ineligible for cancellation of removal because he conceded that he did not have a qualifying relative. See 8 U.S.C. § 1229b(b)(l)(D) (requiring showing of hardship to the alien’s “spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.”); see…

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