Alaniz

Alaniz v. Gonzales

Good Law
124 F. App'x 568
United States Court of Appeals for the Ninth CircuitMarch 16, 2005No. 02-73813California342 words

Opinion

Lead Opinion

MEMORANDUM ***

Petra Huizar Alaniz, a native and citizen of Mexico, petitions for review the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of her application for cancellation of removal.

The IJ denied the application on two independent grounds: (1) that Alaniz failed to establish that she was physically present in the United States for a continuous period of not less than ten years immediately preceding the time she was served with the Notice to Appear; and (2) that she failed to establish that her removal would result in exceptional and extremely unusual hardship to her United States citizen daughter and lawful permanent resident father.

We have jurisdiction to review whether an alien has met the continuous physical presence requirement, Falcon Carriche v. Ashcroft, 350 F.3d 845, 853 (9th Cir.2003), but we do not have jurisdiction to review whether an alien has satisfied the hardship requirement, which rests in the discretion of the agency. 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003).

Because the BIA affirmed without opinion, we have no way of knowing on which ground or grounds…

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