Beltran

Beltran v. Ashcroft

Good Law
94 F. App'x 504
United States Court of Appeals for the Ninth CircuitMarch 26, 2004No. 02-72808; Agency Nos. A75-692-971, A75-692-972California361 words

Opinion

Lead Opinion

MEMORANDUM **

Lazaro Sotelo Beltran and his wife, Maria De Los Angeles Silva Hernandez, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Although we lack jurisdiction to consider discretionary hardship determinations, Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003), we retain jurisdiction to consider whether the interpretation of the hardship standard violates due process, Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1006 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

*505 We lack jurisdiction to review the IJ’s discretionary hardship determination. See Romero-Torres, 327 F.3d at 892 . Therefore, we need not consider petitioners’ contention regarding good moral character. See id. at 890 .

To the extent that petitioners contend that the BIA’s interpretation of the hardship standard violates due process, we conclude that the BIA’s determination falls within the broad range authorized by the statute. See Ramirez-Perez, 336…

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