Estrada-Rodelo

Estrada-Rodelo v. Ashcroft

Good Law
96 F. App'x 462
United States Court of Appeals for the Ninth CircuitApril 23, 2004No. 03-70782; Agency No. A78-490-312California396 words

Opinion

Lead Opinion

MEMORANDUM **

Angela Estrada-Rodelo, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal of an immigration judge’s (“IJ”) denial of her application for cancellation of removal. We lack jurisdiction to consider discretionary hardship determinations. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We review for abuse of discretion the BIA’s denial of a motion to remand, Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we review de novo due process challenges, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Estrada-Rodelo’s contention that the BIA improperly denied her application for cancellation of removal based on her failure to establish exceptional and extremely unusual hardship to her United States citizen son. See Romero-Torres, 327 F.3d at 892 .

*464 The BIA did not abuse its discretion by denying Estrada-Rodelo’s motion to remand based upon new evidence of her marriage, and hardship to her legal permanent resident husband. See Malhi v. INS, 336 F.3d 989,…

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