Arellano

Arellano v. Gonzales

Good Law
181 F. App'x 649
United States Court of Appeals for the Ninth CircuitMay 19, 2006No. 04-70383California383 words

Opinion

Lead Opinion

MEMORANDUM *

Judith Arellano, her husband Enrique Arellano Duran, and their minor daughter *650 Nayely Arellano (together, “petitioners”), petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of their applications for cancellation of removal under 8 U.S.C. § 1229b(b).

Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination for purposes of this petition for review. See 8 C.F.R. § 1003.1 (e)(4) (2003); Cabrera-Mvarez v . Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005). The IJ denied relief solely on the basis that petitioners failed to establish “exceptional and extremely unusual hardship” as required by 8 U.S.C. § 1229b(b)(l)(D).

Before this court, petitioners raise two constitutional challenges to the IJ’s application of the hardship standard. First, petitioners claim that the removal order would violate the adult petitioners’ fundamental right to direct the care, custody, and control of their three United States citizen children, and to enjoy their companionship and society. We have jurisdiction over this substantive due process claim. See…

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