Duran-Lopez

Duran-Lopez v. Mukasey

Good Law
311 F. App'x 2
United States Court of Appeals for the Ninth CircuitJanuary 29, 2009No. 08-73586California290 words

Opinion

Lead Opinion

MEMORANDUM **

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioner’s application for cancellation of removal.

A review of the administrative record and petitioner’s response to the court’s September 4, 2008 order to show cause demonstrate that petitioner has presented no evidence that she has 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). The BIA therefore correctly concluded that, as a matter of law, petitioner was ineligible for cancellation of removal. Accordingly, respondent’s motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam).

To the extent petitioner challenges the BIA’s decision on the ground that the statutory requirement of a qualifying relative has denied her equal…

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