Moreno-Estrada
Moreno-Estrada v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Severo Moreno-Estrada, a native and citizen of Mexico, petitions pro se for review of the summary affirmance by the Board of Immigration Appeals (“BIA”) of the decision of an immigration judge (“IJ”) denying his application for cancellation of removal. He also moves to amend his petition to include his spouse, Emma, and two older children, Luis and Laura. We have jurisdiction under 8 U.S.C. § 1252 . We grant the motion, and deny the petition for review in part, and dismiss it in part.
Because Moreno-Estrada’s intent to include his spouse and two of his children in his petition was sufficiently clear from the inclusion of their alien numbers in the caption, we grant the motion to amend the petition to include Emma Moreno Martinez, Luis Alfaro Moreno Martinez, and Laura Moreno Martinez. See Fed. R.App. P. 3(c)(2), (4). The Clerk shall amend the docket to reflect the addition of these individuals.
Petitioners’ contention that the BIA’s summary affirmance without an opinion was inconsistent with due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-49 (9th Cir.2003).