Mendoza

Mendoza v. Gonzales

Good Law
193 F. App'x 694
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-71327California253 words

Opinion

Lead Opinion

MEMORANDUM **

Clara Luz Guillen Mendoza and her daughter Dunia Mazariego Guillen, natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s decision denying their applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

Contrary to petitioners’ contention, Congress comported with equal protection when it repealed suspension of deportation, and replaced it with cancellation of removal as the available form of relief for aliens who were placed in removal proceedings on or after April 1, 1997. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir.2003); Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir.2002).

To the extent petitioners challenge the agency’s decision to commence removal rather than deportation proceedings against them, we lack jurisdiction to review this decision. See 8 U.S.C. § 1252 (g);…

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