Meza

Meza v. Gonzales

Good Law
175 F. App'x 920
United States Court of Appeals for the Ninth CircuitApril 14, 2006No. 03-74253California567 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner, Humberto Meza (“Meza”), seeks judicial review of a final order of removal issued by the Board of Immigration Appeals (“BIA”) on June 14, 2002. The immigration judge (“U”) denied Meza’s application for cancellation of removal for failure to establish “exceptional and extremely unusual hardship,” as required by 8 U.S.C. § 1229b(b)(1)(D). Because the BIA affirmed the IJ’s decision without opinion pursuant to 8 C.F.R. § 1003.1 (e)(4), we review the IJ’s decision as the final agency determination. Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir. 2004). Meza timely petitioned this court to review the BIA’s decision.

Attached to Meza’s Notice is an addendum which challenges the IJ’s determination that he had failed to satisfy the hard *921 ship requirement. In his opening brief to this court, however, Meza additionally asserts that the BIA “misconstrued Congressional intent and defied a Supreme Court rule of statutory construction in their crafting of relief’ under the Immigration and Naturalization Act of 1952 (“INA”), § 240A(b)(1), 8 U.S.C. § 1229b(b)(1)(2006). We first address whether the court has jurisdiction under INA § 242(a)(2)(B)(I) to review the BIA’s…

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