Rios Ortiz v. Gonzales

MEMORANDUM **

Gerardo Rios Ortiz and his wife, Maria del Carmen Mejia-de Rios, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s denial of their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we dismiss in part and deny in part the petition for review.

Rios Ortiz contends that he was eligible for cancellation of removal. The immigration judge found that Rios Ortiz failed to show that his removal would result in exceptional and extremely unusual hardship to a qualifying relative. 8 U.S.C. § 1252 (a)(2)(B)(i) deprives us of jurisdiction to review this discretionary determination, and so we dismiss the petition for review in part. See Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003).

Rios Ortiz also contends that the Board’s summary decision denied him due process. We deny in part the petition for review because this contention is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-53 (9th Cir.2003).

Mejia-de Rios contends that the immigration judge erred in concluding that she failed to satisfy the continuous physical presence…