Coronel-Ortiz

MEMORANDUM ***

In No. 03-70187, Maria Coronel-Ortiz petitions for review of the summary af-firmance by the Board of Immigration Appeals (“BIA”) of the decision of an immigration judge (“IJ”) denying her application for cancellation of removal. In No. 05-75802, Coronel-Ortiz petitions for review of the BIA’s denial of her motion to reopen her removal proceedings. We sua sponte granted rehearing in No. 03-70187, withdrew the previously-filed memorandum disposition, and consolidated these cases. No. 03-70187:

The IJ did not err by finding Coronel-Ortiz statutorily ineligible for cancellation of removal. The statute is clear that the relative must qualify at the time the IJ adjudicates the application. See 8 U.S.C. § 1229b(b) (“removal would result in exceptional and extremely unusual hardship to [her] spouse, parent or child who is a citizen of the United States or an alien lawfully admitted for permanent residence”) (emphasis added); see also Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002).

Nor did the IJ abuse its discretion by failing to grant an open-ended continuance so that the immigration authorities could adjudicate her husband’s application under the Legal…