Coronel-Ortiz

Coronel-Ortiz v. Ashcroft

Good Law
104 F. App'x 98
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-70187California425 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Carmen Coronel-Ortiz, a native and citizen of Mexico, petitions for review of the summary affirmance by the Board of Immigration Appeals (“BIA”) of the decision of an immigration judge (“IJ”) denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo the determination that a petitioner is statutorily ineligible for cancellation of removal for lack of a qualifying relative. Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002). We review for abuse of discretion an I J’s denial of a motion for a continuance. Barapind v. Reno, 225 F.3d 1100, 1113 (9th Cir.2000). We deny the petition for review.

Petitioner’s contention that the IJ erred when he found her statutorily ineligible for cancellation of removal for lack of a qualifying relative fails because the record shows that she did not have a qualifying relative at that time and the statute makes clear that the relative must qualify at the time the IJ adjudicates the application. See Molina-Estrada, 293 F.3d at 1093-94 .

Petitioner’s contention that the IJ should have continued her case to allow the immigration authorities to adjudicate her husband’s…

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