Gomez

Gomez v. Mukasey

Good Law
311 F. App'x 42
United States Court of Appeals for the Ninth CircuitJanuary 29, 2009No. 08-73541California261 words

Opinion

Lead Opinion

MEMORANDUM **

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

Respondent’s unopposed motion to dismiss this petition for review for lack of jurisdiction as to petitioners Jose de Jesus Orozco Gomez and Luz Delia Orozco Rodriguez is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

A review of the administrative record demonstrates that the remaining petitioners have presented no evidence that they have 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, the remaining petitioners were ineligible for cancellation of removal. Accordingly, this petition for review is summarily denied as to the two remaining petitioners because the questions raised by this petition for review as to them are so insubstantial as not to require further argument. See United…

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