Mendoza-Valencia

Mendoza-Valencia v. Gonzales

Good Law
178 F. App'x 690
United States Court of Appeals for the Ninth CircuitMay 3, 2006No. 04-73157California314 words

Opinion

lead Opinion

MEMORANDUM **

Javier Mendoza-Valencia and Silvia Mendoza, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ decisions affirming without opinion an immigration judge’s denial of their applications for cancellation of removal.

We lack jurisdiction to review the immigration judge’s discretionary determination that petitioners failed to establish the requisite exceptional and extremely unusual hardship to a qualifying relative. 8 U.S.C. § 1252 (a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

Petitioners’ equal protection challenge to the nationality-based distinctions in the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), which permits aliens from certain countries to apply for special rule cancellation of removal in accordance with the more lenient terms of pre-IIRIRA 1 suspension-of-deportation law, lacks merit. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 603 (9th Cir.2002) (rejecting equal protection challenge to NACARA’s favorable treatment of aliens from certain war-ravaged countries).

Petitioners’ contentions regarding the summary nature of the Board’s…

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