Cabrera

Cabrera v. Gonzales

Good Law
176 F. App'x 797
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-75093California285 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge Abel Cabrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen to apply for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 . *798 We review questions of law de novo. Sotelo v. Gonzales, 430 F.3d 968, 970 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Cabrera cannot benefit from the settlement agreement approved in Barahona-Gomez v. Ashcroft, 243 F.Supp.2d 1029 (N.D.Cal.2002), because Cabrera did not have a suspension of deportation hearing scheduled before April 1, 1997, nor would he have had a hearing scheduled if the prohibition against adjudication of suspension of deportation applications during this time had not been issued. See Sotelo, 430 F.3d at 971 . Moreover, failure to include Cabrera in the Barahona class does not violate equal protection as Cabrera was not affected by the prohibition and thus does not warrant a remedy from it. See Ram v. INS, 243 F.3d 510, 517 (9th Cir. 2001) (line drawing decisions in the context of immigration must be upheld if rationally related to a legitimate government purpose).

To…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.