Benedito
Benedito v. Holder
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions for review, Eduardo Domingo Benedito and Yolanda Cirilo Benedito, husband and wife and natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeals from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal, and the BIA’s order denying them motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, including claims of due process violations, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and review for abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). In No. 06-70943, we deny in part and dismiss in part the petition for review. In No. 06-72036, we deny the petition for review.
The agency did not err in requiring evidence in support of petitioners’ claim that their United States citizen daughter would remain in the United States if petitioners were removed to the Philippines. See Perez v. INS, 96 F.3d 390, 393 (9th Cir.1996). It follows that petitioners’ due process claim fails. See Lata v. INS, 204 F.3d…