Mozqueda-Solis

Mozqueda-Solis v. Ashcroft

Good Law
112 F. App'x 596
United States Court of Appeals for the Ninth CircuitOctober 25, 2004No. 02-71295; Agency No. A91-995-615California353 words

Opinion

Lead Opinion

MEMORANDUM **

Leodegario Mozqueda-Solis, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the denial of Mozqueda-Solis’ cancellation of removal application because the IJ denied relief, in part, for failure to demonstrate *598 the requisite “exceptional and extremely unusual hardship.” See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We do not consider whether Mozqueda-Solis established ten years of continuous physical presence because his failure to establish the requisite hardship is dispositive. See 8 U.S.C. § 1229b(b)(l); Romero-Torres, 327 F.3d at 889 (noting that an applicant must establish continuous physical presence, good moral character and hardship to qualify for relief).

Because we lack jurisdiction to review the denial of Mozqueda-Solis’ cancellation of removal application, we also lack jurisdiction to review his regulatory challenge to the summary affirmance procedure. See Falcon Carache v. Ashcroft, 350 F.3d 845, 854 (9th…

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