Pulido-Torrez

Pulido-Torrez v. Mukasey

Good Law
304 F. App'x 624
United States Court of Appeals for the Ninth CircuitDecember 26, 2008Nos. 06-72727, 06-73708California326 words

Opinion

lead Opinion

MEMORANDUM **

In these consolidated petitions, Anayeli Pulido-Torrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying her motion to remand and dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal (No. 06-72727), and denying her motion to reconsider (No. 06-73708). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We dismiss in part and deny in part the petition for review in No. 06-72727, and we deny the petition for review in No. 06-73708.

We lack jurisdiction to review the agency’s discretionary determination that Pulido-Torrez failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir. 2005).

The evidence Pulido-Torrez presented with her motion to remand, including evidence regarding hardship to her son and mother, concerned the same basic hardship grounds previously considered by the agency. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th…

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