Garcia

Garcia v. Gonzales

Good Law
180 F. App'x 691
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 05-73697California296 words

Opinion

Lead Opinion

MEMORANDUM **

Minerva Leticia Rea Garcia, a native and citizen of Mexico, petitions pro se for review of a May 24, 2005, order of the Board of Immigration Appeals denying her motion to reconsider its March 15, 2005, order in which the Board (1) adopted and affirmed an immigration judge’s decision regarding Petitioner’s failure to establish exceptional and extremely unusual hardship, as required for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(D); and (2) denied her motion to reopen and remand to the immigration judge.

We lack jurisdiction to entertain this petition for review because Petitioner’s motion to reconsider pertained only to the merits of the agency’s previously-made discretionary determination that Petitioner failed to establish the requisite exceptional and extremely unusual hardship to her United States citizen son. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (clarifying this court’s jurisdiction to review motions to reopen denials of cancellation of removal). See also 8 U.S.C. § 1252 (a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir. 2005) (explaining that the contention that an immigration judge erred in finding that…

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