Soto-Diaz
Soto-Diaz v. Holder
Opinion
Lead Opinion
MEMORANDUM **
This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s denial of petitioners’ applications for cancellation of removal.
We have reviewed the response to the court’s order to show cause, and we conclude that petitioners Aurelio Soto-Diaz and Graciela Soto-Chaidez have 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 as to the above petitioners 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 minor petitioner does not have a qualifying relative for purposes of cancellation of removal. The BIA correctly concluded that the minor petitioner was ineligible for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(D); Molina-Estrada v. INS, 293 F.3d 1089,…