Hernandez

Hernandez v. Mukasey

Good Law
301 F. App'x 691
United States Court of Appeals for the Ninth CircuitNovember 25, 2008Nos. 05-75259, 06-73938California301 words

Opinion

lead Opinion

MEMORANDUM **

In these consolidated petitions, Juan Francisco Luna Hernandez, a native and *692 citizen of Mexico, petitions for review of two Board of Immigration Appeals (“BIA”) orders. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and questions of law, Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006). We dismiss in part and deny in part the petition for review in No. 05-75259 and deny the petition for review in No. 06-73938.

We lack jurisdiction to review the BIA’s discretionary determination that Luna Hernandez failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

We reject Luna Hernandez’s contention that the BIA failed to consider all of the evidence. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006) (petitioner must overcome presumption that the BIA reviewed the entire record to establish a due process violation).

Contrary to Luna Hernandez’s contention, the BIA’s interpretation of the hardship standard falls within the broad range authorized by the statutory language. See Ramirez-Perez u…

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