Guzman-Molina

Guzman-Molina v. Ashcroft

Good Law
91 F. App'x 621
United States Court of Appeals for the Ninth CircuitMarch 31, 2004No. 02-71728California268 words

Opinion

Lead Opinion

MEMORANDUM ***

Jesus Alejandro Guzman-Molina, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

We have jurisdiction to review whether Guzman-Molina established the requisite ten-years of continuous physical presence, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002); Kalaw v. INS, 133 F.3d 1147, 1152 (9th Cir.1997), and conclude that substantial evidence supports the IJ’s determination, see 8 U.S.C. § 1229b(b)(l)(A).

Guzman-Molina’s equal protection challenge to the Nicaraguan and Central American Relief Act (“NACARA”) is foreclosed by our decision in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“Congress’s decision to afford more favorable treatment to certain aliens ‘stems from a rational diplomatic decision to encourage such aliens to remain in the United States’ ”). Guzman-Molina’s due process challenge to NACARA also fails. See Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1165 (9th Cir.2002)…

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