Ceballos-Alvarez

Ceballos-Alvarez v. Holder

Good Law
333 F. App'x 247
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009Nos. 06-71229, 06-74348California371 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Sebastian Ceballos Alvarez and Alicia Gomez-Vargas, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s (“IJ”) decision denying Ceballos-Alvarez’s application for cancellation of removal, and denying their motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) and for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review in No. 06-71229, and we deny the petition for review in No. 06-74348.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying *248 relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Petitioners contend the IJ violated their due process rights by, among other things, denying a motion to continue and that the BIA erred by…

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