Gonzalez-Gonzalez

Gonzalez-Gonzalez v. Ashcroft

Good Law
94 F. App'x 500
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 02-71873California431 words

Opinion

Lead Opinion

*501 MEMORANDUM **

Jose Luis Gonzalez-Gonzalez, a native and citizen of Mexico who was a minor at the time of his removal hearing before an Immigration Judge (“IJ”), petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the IJ’s order denying him cancellation of removal for lack of a qualifying relative. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo constitutional challenges, Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002), as well as challenges to the determination that an alien is statutorily ineligible for cancellation of removal, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144-45 (9th Cir. 2002) . We grant the petition for review, and remand for further proceedings consistent with this disposition.

We lack jurisdiction to consider petitioner’s contention that the government should have initiated suspension of deportation proceedings when he offered himself for surrender in 1995. See Jimenez-Angeles, 291 F.3d at 599 . Moreover, petitioner’s contention that he should have been eligible to apply for suspension of deportation, rather than cancellation of removal, because he presented himself to the…

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