Garcia
Garcia v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Fernandez v. Gonzales, 439 F.3d 592 (9th Cir.2006); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). The petition for review is dismissed for lack of jurisdiction as to petitioners Maria De Jesus Garcia, Agency No. A96-347-892, and Carlos Bernardo Onofre, Agency No. A96-347893.
In addition, with respect to petitioners, Diana Patricia Duran Garcia, Agency No. A96-347-894, and Daniel Duran Garcia, Agency No. A96-347-985, the court grants respondent’s motion for summary denial of the petition for review because these petitioners lack a qualifying relative under the statute and are therefore ineligible for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(D) (requiring alien to show that “removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence”); Moli na-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002) (denying cancellation of removal where alien lacked a qualifying relative under the…