Zuniga-Carmona

Zuniga-Carmona v. Ashcroft

Good Law
109 F. App'x 879
United States Court of Appeals for the Ninth CircuitSeptember 21, 2004No. 02-72935; Agency No. A75-670-783California316 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Zuniga-Carmona, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (BIA) order summarily affirming the immigration judge’s denial of cancellation of removal for failure to establish exceptional and extremely unusual hardship. We dismiss the petition for review. We lack jurisdiction to review exceptional and extremely unusual hardship determinations arising from applications for cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)(I); Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003). Similarly, we lack jurisdiction to review petitioner’s claim that the BIA improperly streamlined his cancellation of removal claim. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 854 (9th Cir.2003).

Petitioner attempts to bypass the jurisdictional bar in this case by asserting that due process requires that his case be remanded to the IJ for consideration of In re Monreal-Aguinaga, 23 I. & N. Dec. 56 , 2001 WL 534295 (BIA 2001). The IJ concluded that economic hardship and educational difficulties would not create exceptional and extremely unusual hardship. Because this interpretation was well within the broad range authorized by…

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