Cruz

Cruz v. Holder

Good Law
400 F. App'x 273
United States Court of Appeals for the Ninth CircuitOctober 22, 2010Nos. 08-72839, 09-70627California330 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, Rafael Gonzalez Cruz and Maria Angelica Sauce-do Meza, husband and wife and natives and citizens of Mexico, petition pro se for review of a Board of Immigration Appeals order dismissing their appeal from an immigration judge’s denial of their application for cancellation of removal, as well as the Board’s denial of their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to their United States citizen children. 8 U.S.C. § 1252 (a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir.2009).

*275 We likewise lack jurisdiction to review the Board’s denial of petitioners’ motion to reopen, which introduced further evidence of hardship to their United States citizen children. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (explaining that § 1252(a)(2)(B)® bars jurisdiction when question presented in motion to reopen is essentially the same hardship ground originally decided).

The Board did not…

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