Endicio

Endicio v. Holder

Good Law
397 F. App'x 418
United States Court of Appeals for the Ninth CircuitSeptember 29, 2010Nos. 08-71729, 08-75193California371 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Crispin Clanor Endicio and Maria Elsa Maído Recio, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for relief from removal, as well as the BIA’s order denying their subsequent motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005) and for substantial evidence the agency’s factual findings, Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc). We dismiss in part and deny in part the petition for review in No. 08-71729, and deny the petition for review in No. 08-75193.

We lack jurisdiction to review the BIA’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Petitioners’ contention that the agency applied an incorrect hardship standard is not supported by the record. See Mendez-Castro…

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