Salazar-Quintana

Salazar-Quintana v. Mukasey

Good Law
305 F. App'x 347
United States Court of Appeals for the Ninth CircuitDecember 11, 2008No. 08-73423California430 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen and/or reconsider the BIA’s February 8, 2008 decision.

We review the BIA’s denial of a motion to reconsider and motion to reopen for abuse of discretion. See Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

Respondent’s motion to dismiss in part this petition for review for lack of jurisdiction is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006) (concluding that the court lacks jurisdiction to review the BIA’s denial of motion to reopen for failure to establish a prima facie case if a prior adverse discretionary decision was made by the agency).

Respondent’s motion for summary disposition in part is granted because the questions raised by this petition are so insubstantial as not to require further arr gument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam).

A review of the administrative record demonstrates that petitioner David Robert Salazar De Dios has presented no evidence that he has a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C. §…

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