Sandoval-Cantu

Sandoval-Cantu v. Holder

Good Law
400 F. App'x 281
United States Court of Appeals for the Ninth CircuitOctober 22, 2010No. 07-70729California260 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners Israel Sandoval-Cantu and Delia Beltran-Chamu, 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 (“IJ”) denial of their application for cancellation of removal. 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 three U.S. citizen children. 8 U.S.C. § 1252 (a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir.2009). Because petitioners are not eligible for cancellation of removal due to insufficient hardship, we need not address their contention that they have established the requisite continuous physical presence.

The IJ did not abuse his discretion in denying petitioners’ fourth request for a continuance because petitioners did not demonstrate good cause. 8 C.F.R. § 1003.29 ; see Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir.2008) (reviewing for abuse of discretion).

Petitioners’ contention that the…

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