Martinez-Ibarra

Martinez-Ibarra v. Gonzales

Good Law
162 F. App'x 750
United States Court of Appeals for the Ninth CircuitJanuary 12, 2006Nos. 03-74736, 04-75502California335 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Wenceslao Martinez-Ibarra, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) or *751 der denying his application for cancellation of removal (No. 03-74786) and the BIA’s denial of his motion to reopen removal proceedings (No. 04-75502). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss the petition for review in No. 03-74736 and deny the petition for review in No. 04-75502.

We lack jurisdiction to consider Martinez-Ibarra’s challenge to the agency’s discretionary determination that he failed to demonstrate exceptional and extremely unusual hardship. 1 See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003) (holding the court lacks jurisdiction “to review the BIA’s discretionary determination that an alien failed to satisfy the ‘exceptional and extremely unusual hardship’ requirement for cancellation of removal.”). We therefore dismiss the petition for review in No. 03-74736.

We review the denial of a motion to reopen for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The BIA…

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