Ramirez-Valdovino

Ramirez-Valdovino v. Gonzales

Good Law
127 F. App'x 956
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-73467California271 words

Opinion

Lead Opinion

MEMORANDUM ***

*957 Yolanda Ramirez-Valdovino, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of her application for cancellation of removal. We vacate the BIA’s decision and remand.

The IJ denied Ramirez-Valdovino’s application on three independent grounds: failure to establish continuous physical presence; failure to establish good moral character; and failure to demonstrate exceptional and extremely unusual hardship to her United States citizen son.

We have jurisdiction to review whether Ramirez-Valdovino met the continuous physical presence requirement and whether the IJ correctly applied the per se exclusion categories with respect to Ramirez-Valdovino’s moral character. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). We lack jurisdiction, however, to review whether she has satisfied the hardship requirement. See id. at 891 .

Because the BIA affirmed without opinion, we have no way of knowing on which ground or grounds the BIA affirmed, and in turn whether we have jurisdiction to review the BIA’s decision. See Lanza v. Ashcroft,…

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