Gonzalez-Gonzalez

Gonzalez-Gonzalez v. Ashcroft

Good Law
92 F. App'x 541
United States Court of Appeals for the Ninth CircuitMarch 26, 2004No. 02-73431California388 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge Gonzalez-Gonzalez, 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 (“IJ”) denial of his 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.

Although Gonzalez-Gonzalez contends that the IJ improperly denied his application for cancellation of removal based upon his failure to establish ten years continuous physical presence and good moral character, the IJ also denied his application based upon a finding that Gonzalez-Gonzalez failed to show that his removal would cause “exceptional and extremely unusual hardship” to his seven-year old United States citizen daughter. We lack jurisdiction over discretionary hardship determinations such as whether an alien…

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