Cerrillo-Benitez
Cerrillo-Benitez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Daniel Jesus Cerrillo-Benitez appeals the decision of the Board of Immigration Appeals (BIA) reversing the immigration judge’s (IJ) grant of cancellation of removal and ordering Petitioner to depart voluntarily within thirty days. In light of our recent decision in Molinar-Camacho v. Ashcroft, 393 F.3d 937 (9th Cir.2004), we construe the petition for review as a petition for writ of habeas corpus and transfer the petition to the district court.
At his initial hearing before the IJ, Petitioner conceded removability but applied for cancellation of removal under 8 U.S.C. § 1229b(b)(l). The IJ granted relief, concluding that Petitioner had established “that removal would result in exceptional and extremely unusual hardship.” 8 U.S.C. § 1229b(b)(l)(D). The BIA initially affirmed without opinion, pursuant to 8 C.F.R. § 1003.1 (e)(4). On the government’s motion to reconsider, however, the BIA vacated its previous order on the ground that Petitioner had failed to demonstrate extremely unusual hardship. The BIA ordered Petitioner removed to Mexi *782 co, but granted him thirty days within which to depart voluntarily.