Reyes-Perrusquia

Reyes-Perrusquia v. Gonzales

Good Law
171 F. App'x 116
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 03-74165; Agency Nos. A75-744-870, A75-744-871California320 words

Opinion

Lead Opinion

MEMORANDUM **

Alfonso Reyes-Perrusquia and Olivia Flores Martinez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) order denying their applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo due process claims. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Petitioners failed to demonstrate the requisite “exceptional and extremely unusual hardship.” See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005) (whether an alien demonstrated exceptional and extremely unusual hardship is not reviewable under 8 U.S.C. § 1252 ). We do not consider whether Petitioners established ten years of continuous physical presence, because their failure to establish the requisite hardship is dispositive. See 8 U.S.C. § 1229b(b)(l); Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003) (noting that an applicant must establish continuous physical presence, good moral…

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