Carrillo
Carrillo v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Jorge Carrillo, his wife Maria Carrillo, and their three children petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) denial of their applications for suspension of deportation. This petition is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We deny the petition in part and dismiss in part.
We are not persuaded by petitioners’ contention regarding ‘repapering’ relief because the Attorney General’s discretionary decision whether and when to commence proceedings is not reviewable. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002).
Petitioners’ contention that requiring them to demonstrate “exceptional and extremely unusual hardship” violates due process is inapposite because the IJ applied the proper “extreme hardship” standard. See Kalaw, 133 F.3d at 1150 -51 & n. 6 (describing change in standard for relief from the transitional rules to the more stringent permanent rules of IIRIRA).