Murillo-Perez

Murillo-Perez v. Ashcroft

Good Law
119 F. App'x 897
United States Court of Appeals for the Ninth CircuitDecember 23, 2004No. 02-16759California653 words

Opinion

Lead Opinion

MEMORANDUM **

Murillo-Perez appeals the district court’s order dismissing his habeas peti *898 tion for lack of jurisdiction. Specifically, Murillo-Perez challenges the court’s conclusion that it lacked jurisdiction over his due process challenge to the statutory eligibility for cancellation of removal under the Immigration and Nationality Act (INA) § 240A(b)(1), 8 U.S.C. § 1229b(b)(1). We conclude that the district court correctly held that it lacked jurisdiction and affirm.

This appeal stems from the Board of Immigration Appeals’s (BIA) discretionary decision to deny Murillo-Perez’s application for cancellation of removal. After this decision, Murillo-Perez failed to file a timely petition for review with this Court lodging his due process claim to the underlying statute. Instead, after the time for filing for direct review had lapsed, Murillo-Perez filed a petition for writ of habeas corpus in district court. He claimed that the language of INA § 240A(b)(l), 8 U.S.C. § 1229b(b)(l), which requires an applicant for cancellation of removal to establish that a qualifying citizen relative would suffer “exceptional and extremely unusual hardship” if he is removed, is…

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