Hernandez-Maldonado

Hernandez-Maldonado v. Ashcroft

Good Law
96 F. App'x 565
United States Court of Appeals for the Ninth CircuitMay 18, 2004No. 02-71991; Agency No. A92-128-835California266 words

Opinion

Lead Opinion

*566 MEMORANDUM **

Jorge Hernandez-Maidonado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) three-judge order denying his motion to reopen or reconsider its previous summary affirmance of the immigration judge’s denial of his application for cancellation of removal. We dismiss the petition for review.

Pursuant to this Court’s December 26, 2002 order, which limited the issues on appeal to the BIA’s June 6, 2002 order denying Petitioner’s motion to reopen or reconsider, we lack jurisdiction to consider Petitioner’s contentions regarding the BIA’s April 5, 2002 decision.

We also lack jurisdiction to review the BIA’s June 6, 2002 denial of Petitioner’s motion to reopen or reconsider because this Court is barred from reviewing the BIA’s judgment regarding the granting of discretionary relief of cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)(i); cf. Medina-Morales v. Ashcroft, 362 F.3d 1263, 1267-69 (9th Cir.2004) (finding jurisdiction to review denial of motion to reopen where BIA had never ruled on the discretionary relief sought by Petitioner).

Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004), Petitioner’s…

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