Lopez

Lopez v. Gonzales

Good Law
205 F. App'x 572
United States Court of Appeals for the Ninth CircuitNovember 9, 2006No. 05-70485California311 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Lopez and Genoveva Lopez Valente, husband and wife, and their sons Daniel Lopez Lopez and Cesar Merced Lopez Lopez, all natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders affirming an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We dismiss in part, deny in part, and grant in part the petition for review, and remand for further proceedings consistent with this memorandum disposition.

We lack jurisdiction to review the hardship determination as to Daniel Lopez and Genoveva Lopez Valente, and accordingly dismiss that part of the petition for review. See 8 U.S.C. § 1252 (a)(2)(B)(i).

Contrary to petitioners’ contention, the BIA was not required to use the language *573 specified in 8 C.F.R. § 1003.1 (e)(4)(ii) when it adopted and affirmed the IJ’s decision as to Daniel Lopez and Genoveva Lopez Valente, because the BIA did not summarily affirm as to these petitioners.

The IJ granted Daniel Lopez Lopez and Cesar Merced Lopez Lopez voluntary departure for a 60 day period, but the BIA streamlined their appeals and changed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.