Flores-Quirino

Flores-Quirino v. Ashcroft

Good Law
98 F. App'x 684
United States Court of Appeals for the Ninth CircuitMay 20, 2004No. 02-72979California368 words

Opinion

Lead Opinion

MEMORANDUM **

Severiano Flores-Quirano and his wife Cristina Flores, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the decision of an immigration judge (“IJ”) denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 to review a final order of removal. We dismiss the petition for review.

Petitioners contend that the IJ erroneously determined that they failed to establish the requisite “exceptional and extremely unusual hardship,” which is a discretionary determination over which we do not have jurisdiction. See Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003). “When we lack jurisdiction to review the merits of the IJ’s discretionary decision ... we are also without jurisdiction to evaluate whether streamlining was appropriate.” Falcon Carriche v. Ashcroft, 350 F.3d 845, 854 (9th Cir.2003).

Petitioners also attempt to allege a due process violation. The record does not support Petitioners’ contention that the IJ acted unfairly or impartially, and the IJ applied the proper standard to the hardship determination. Petitioners’ contention that the IJ should…

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