Ramirez

Ramirez v. Ashcroft

Good Law
114 F. App'x 927
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-73770; Agency Nos. A79-518-947, A79-518-948, A79-518-949California365 words

Opinion

Lead Opinion

MEMORANDUM **

Bonifacio Martinez Ramirez, his wife and son, natives and citizens of Mexico, petition pro se for review from the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal from an immigration judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review legal questions and constitutional issues de novo. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

Petitioners argue that their due process rights were violated when the IJ failed to inform them of the availability of withholding of removal and protection under the Convention Against Torture when they voluntarily withdrew their applications for asylum. This argument is without merit because petitioners repeatedly stated in their applications for asylum and in oral testimony that they did not fear persecution or torture upon their return to Mexico. See United States v. Muro-Inclan, 249 F.3d 1180, 1182-85 (9th Cir.2001).

Petitioners’ contention that requiring them to prove exceptional and extremely unusual hardship to a qualifying relative for cancellation of removal, while exempting…

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