Torres-Montes

Torres-Montes v. Gonzales

Good Law
150 F. App'x 696
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-74819California349 words

Opinion

Lead Opinion

MEMORANDUM **

Sergio Torres-Montes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review de novo claims of constitutional violations, Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001), and questions of law, Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir. 2002). We dismiss in part, and deny in part, the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Torres-Montes failed to demonstrate the requisite “exceptional and extremely unusual hardship” pursuant to 8 U.S.C. *698 § 1229b(b)(1)(D). See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).

We are also without jurisdiction to review Torres-Montes’s contention that he was denied due process because of a lack of uniformity in the adjudication of cancellation of removal applications. See 8 U.S.C. § 1252…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.