Orozco-Ortega

Orozco-Ortega v. Gonzales

Good Law
152 F. App'x 585
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-71518; Agency No. A79-524-232California321 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Del Carmen Orozco-Ortega, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s denial of her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo the agency’s legal determination that a petitioner is statutorily ineligible for cancellation of removal, see Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002), and we deny the petition for review.

The BIA properly determined that the petitioner was statutorily ineligible for cancellation of removal because she lacked a qualifying relative. See 8 U.S.C. § 1229b(b)(l)(D) (requiring a showing of “exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence”). Although the record supports petitioner’s claim that her grandchildren and adult daughter would suffer if she were removed to Mexico, neither falls under the definition of a “child” for the purposes of establishing eligibility under 8 U.S.C. § 1229b(b)(l)(D). See 8 U.S.C. § 1101 (b)(1) (the term…

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