Vargas

Vargas v. Gonzales

Good Law
140 F. App'x 705
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 04-70771; Agency Nos. A77-810-592, A77-810-593California268 words

Opinion

Lead Opinion

MEMORANDUM **

Ruben Castillo Vargas and his wife Ana Luz Cabanas Esteban, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal of an immigration judge’s (“IJ”) denial of their applications for can *706 cellation of removal. We dismiss the petition for review.

The IJ denied petitioners’ applications for cancellation of removal on the basis that they failed to establish ten years continuous physical presence, exceptional or extremely unusual hardship, or the requisite good moral character. The BIA adopted the IJ’s moral character determination. Although the moral character determination is not entirely clear, it is evident that it is based on both a statutory and a discretionary component.

We lack jurisdiction to review the discretionary component of the moral character determination. See 8 U.S.C. § 1252 (a)(2)(B); Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Because the moral character determination is dispositive of petitioners’ eligibility for cancellation of removal, we dismiss the petition for review to the extent it challenges the denial of cancellation. See 8 U.S.C. §…

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