Moncada

Moncada v. Gonzales

Good Law
155 F. App'x 994
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-75418; Agency No. A96-163-253California236 words

Opinion

Lead Opinion

MEMORANDUM **

Alejandro Serrano Moneada petitions for review of the Board of Immigration Appeals’ (“BIA”) September 27, 2004, order affirming an immigration judge’s denial of his application for cancellation of removal. We dismiss the petition in part and deny it in part.

We lack jurisdiction to consider the bulk of Serrano Moncada’s contentions because they pertain solely to the BIA’s denial of his subsequently-filed motion to reopen, for which he has not filed a separate petition for review. 8 U.S.C. § 1252 (b)(1); Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996). Serrano Moncada’s petition is therefore dismissed to the extent it seeks review of the denial of the motion to reopen.

Serrano Moncada’s sole remaining contention is that 8 U.S.C. § 1182 (a)(9)(B)®, which will render him inadmissible, violates equal protection because it renders inadmissible a disproportionate number of Hispanic aliens, who, Serrano Moneada claims, illegally enter and remain in the United States more than aliens of any other race. We have jurisdiction to address that claim pursuant to 8 U.S.C. § 1252 (a)(2)(D). However, Serrano Moncada’s claim fails because he has not proven that §…

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