Ramirez

Ramirez v. Holder

Good Law
314 F. App'x 957
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 06-73068California254 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Rivera Ramirez and Areli Consuelo Guerrero Navarrette, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals denial of petitioners’ motion to reopen seeking to challenge the underlying denial of their application for cancellation of removal based on their failure to establish the requisite extreme hardship to their qualifying relatives.

Petitioners contend that the BIA erred in finding that their United States citizen children will not suffer exceptional and extremely unusual hardship if petitioners are removed. Petitioners also contend that their equal protection rights were violated because they are treated differently than other applicants who qualify for relief under the Nicaraguan Adjustment and *959 Central American Relief Act (“NA-CARA”).

In their motion to reopen, petitioners offered new evidence of hardship that their oldest United States citizen daughter was experiencing academic difficulties due to a recent diagnosis of dsylexia, and that they had a new United States citizen child. We conclude that the BIA considered the new evidence, and acted within its broad discretion in determining that the evidence…

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