Castro

Castro v. Gonzales

Good Law
202 F. App'x 271
United States Court of Appeals for the Ninth CircuitSeptember 25, 2006No. 05-73059California394 words

Opinion

Lead Opinion

MEMORANDUM **

Respondent’s motion for summary disposition is granted with respect to petitioners Juana Rosas Castro and Mirta Yesenia Rosas Castro because the questions raised by this petition for review with respect to them are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). Petitioner Juana Rosas Castro testified that she left the United States for at least six months between June 1994 and early 1995. The statute provides that any single absence from the United States longer than 90 days breaks the “continuous period” of ten years during which an alien must be present in the United States before the issuance of the notice to appear in order to qualify for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(A); 8 U.S.C. § 1229b(d)(2). Petitioner Mirta Yesenia Rosas Castro did not apply to the agency for any relief. Accordingly, this petition for review is denied with respect to petitioners Juana Rosas Castro and Mirta Yesenia Rosas Castro.

This court lacks jurisdiction to review a discretionary decision regarding exceptional and extremely unusual hardship. See Romero-Torres v.…

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