Aparicio

Aparicio v. Mukasey

Good Law
301 F. App'x 605
United States Court of Appeals for the Ninth CircuitNovember 13, 2008No. 08-73390California339 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) or *606 der dismissing an appeal from the Immigration Judge’s denial of cancellation of removal.

We have reviewed the response to the court’s August 20, 2008 order to show cause, and we conclude that petitioners Gavino Lara Aparicio and Maria Luisa Lara have failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir.2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, the court dismisses this petition for review for lack of jurisdiction with respect to petitioners Gavino Lara Aparicio and Maria Luisa Lara. See 8 U.S.C. § 1252 (a)(2)(B)(i); 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 administrative record demonstrates that the two minor petitioners have presented no evidence that they have a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002).…

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