Vazquez Martinez v. Holder

MEMORANDUM **

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

We have reviewed the opposition to the motion to dismiss this petition for review for lack of jurisdiction and the response to the court’s December 16, 2008 order to show cause, and we conclude that petitioner Abel Vazquez Martinez has failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir.2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, respondent’s motion to dismiss this petition for review for lack of jurisdiction with respect to petitioner Abel Vazquez Martinez 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 response to the order to show cause and the administrative record demonstrates that there is substantial evidence to support the BIA’s decision that petitioner Silvina Vazquez failed…