Negrete-Rojas

Negrete-Rojas v. Ashcroft

Good Law
92 F. App'x 540
United States Court of Appeals for the Ninth CircuitMarch 26, 2004No. 02-73843California272 words

Opinion

Lead Opinion

MEMORANDUM **

Celia Negrete-Rojas, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an Immigration Judge’s denial of her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo legal determinations regarding an alien’s eligibility for cancellation of removal, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002), but we lack jurisdiction to consider discretionary hardship determinations, Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

Negrete-Rojas contends that her removal would cause “exceptional and extremely unusual hardship” to her fourteen-year old United States citizen daughter and her permanent resident mother. We lack jurisdiction, however, to consider discretionary hardship determinations. See Romero-Torres, 327 F.3d at 892 .

To the degree that Negrete-Rojas contends that the IJ’s interpretation of the hardship standard violates due process, we conclude that the IJ’s determination falls within the broad range authorized by the statute. See…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.