Arellano

Arellano v. Ashcroft

Good Law
105 F. App'x 940
United States Court of Appeals for the Ninth CircuitAugust 13, 2004No. 03-71330California301 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Macias-Arellano and Martina Macias-Cervantes, husband and wife, and Macias-Cervantes’ daughter Aglahe Lara-Cervantes, all natives and citizens of Mexico, petition for review of orders of the Board of Immigration Appeals affirming an immigration judge’s denial of their applications for suspension of deportation.

The Board issued a separate order for each petitioner. The contention that the Board denied Macias-Cervantes and Lara-Cervantes due process by streamlining their appeals is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-52 (9th Cir.2003) (en banc) (holding that streamlining does not violate an alien’s due process rights). Because we lack jurisdiction to review the immigration judge’s underlying discretionary determination that Macias-Cervantes and Lara-Cervantes failed to satisfy the extreme hardship requirement, we also lack jurisdiction to entertain their contention that their cases did not satisfy the criteria for affirmance without opinion. Id. at 854 (holding that the unreviewability of the underlying hardship determination renders unreviewable the Board’s decision to streamline the appeal).

We likewise lack jurisdiction to review…

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