Montano
Montano v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
We have reviewed the response to the court’s October 7, 2005 order to show cause, and we conclude that petitioners Marcos Palacios Montano, A95-176-661, and Edith Aguilar Palacios, A95-176-660, have failed to raise a colorable constitutional claim to invoke our jurisdiction over this petition for review. See Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir. 2003); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, we sua sponte dismiss this petition for review for petitioners Marcos Palacios Montano, A95-176-661, and Edith Aguilar Palacios, A95-176-660, for lack of jurisdiction. See 8 U.S.C. § 1252 (a)(2)(B)®; Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).
A review of the petition for review also indicates that petitioner Xally Yolotzin Palacios Aguilar, A95-176-659, is ineligible for cancellation of removal because she lacks a qualifying relative under the statute. Accordingly, the court also sua sponte summarily denies the petition for review with respect to petitioner Xally Yolotzin Palacios Aguilar, A95-176-659, because the questions she has raised in this…