Syaifudin

Syaifudin v. Mukasey

Good Law
300 F. App'x 483
United States Court of Appeals for the Ninth CircuitNovember 7, 2008No. 06-70912California541 words

Opinion

lead Opinion

MEMORANDUM **

Herman Syaifudin, a native and citizen of Indonesia, appeals the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) order denying his application for cancellation of removal. Syaifudin entered the United States on a visitor’s visa in 1991, and has resided in California since his arrival. His son, Naufal, was born in 2000. After receiving a Notice to Appear, Syaifudin conceded removability, but sought cancellation of removal based on the claim that his removal would result in “exceptional and extremely unusual hardship” to his United States citizen child. The IJ denied Syaifudin’s application for cancellation of removal and the BIA affirmed. Syaifudin argues that this court has jurisdiction to review the IJ’s decision because the IJ applied the incorrect legal standard in her analysis of *485 hardship and violated Naufal’s Fourteenth Amendment right to equal protection.

We have jurisdiction to address Syaifudin’s claim that the IJ applied the incorrect legal standard by failing to consider cumulatively the factors constituting hardship. See Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007). We do not have jurisdiction to review…

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.