Lugo

Lugo v. Gonzales

Good Law
195 F. App'x 637
United States Court of Appeals for the Ninth CircuitAugust 1, 2006No. 05-76755California295 words

Opinion

Lead Opinion

MEMORANDUM **

*638 Ubaldo Ruben Gutierrez Lugo, his wife Maria de Los Angeles Ortiz de Gutierrez and their son, Giovanni Gutierrez Ortiz, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from 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 constitutional claims in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001) . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that the adult petitioners failed to show exceptional and extremely unusual hardship to their United States citizen son. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

Substantial evidence supports the BIA’s determination that Giovanni is ineligible for cancellation of removal because he lacks a qualifying relative. See 8 U.S.C. § 1229b(b)(l)(d).

Giovanni’s equal protection challenge to the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) is foreclosed by our…

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