Efigenio-Sanchez

Efigenio-Sanchez v. Gonzales

Good Law
158 F. App'x 62
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 03-73496California403 words

Opinion

Lead Opinion

MEMORANDUM ***

Jonny Efigenio-Sanchez (“Petitioner” or “Efigenio-Sanchez”), a native and citizen of Mexico, petitions for review of the August 28, 2003 order of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) decisión finding Petitioner removable and denying his application for cancellation of removal. Where the BIA affirms the reasoning of the IJ, we review the IJ’s decision. See Arulampalam v. INS, 353 F.3d 679, 680 (9th Cir.2003). We dismiss the petition for review in part and deny in part.

Efigenio-Sanchez raises two challenges: (1) that the IJ erroneously determined that he did not satisfy the “exceptional and extremely unusual hardship” requirement for cancellation of removal under 8 U.S.C. § 1229b(b)(l); and (2) that the different hardship standards applied to aliens from certain Latin American countries under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”), as compared to those applied to aliens from all other countries, violated his right to equal protection under the law.

We lack jurisdiction to review the IJ’s denial of Efigenio-Sanchez’s application for cancellation of removal because the…

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