Morales

Morales v. Ashcroft

Good Law
101 F. App'x 729
United States Court of Appeals for the Ninth CircuitJune 23, 2004No. 03-70732California426 words

Opinion

Lead Opinion

*730 MEMORANDUM ***

Jose Haroldo Chojolan Morales, his wife, Martha Yolanda Monroy Morales, and their two adult children, all natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) decision denying their applications for suspension of deportation. “We review for substantial evidence the BIA’s decision that an applicant has failed to establish seven years of continuous physical presence in the United States.” Vera-Villegas v. INS, 330 F.3d 1222, 1230 (9th Cir.2003). Questions of law are reviewed de novo, as are claims of due process violations in deportation proceedings. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir. 2002). Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We deny in part, and dismiss in part.

Because the BIA administratively closed the deportation proceedings for the lead Petitioner, Jose Haroldo Chojolan Morales and his wife, there is no final appealable deportation order against them in effect, and this Court lacks jurisdiction to consider their petitions for review under 8 U.S.C. § 1105a(a). Therefore, the cases of Mr. and…

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