Ruiz

Ruiz v. Gonzales

Good Law
214 F. App'x 720
United States Court of Appeals for the Ninth CircuitDecember 27, 2006Nos. 05-70858, 05-73388California429 words

Opinion

Lead Opinion

MEMORANDUM **

Enrique Ruiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal and deny *721 ing his motion to remand (No. 05-70858) and the BIA’s order denying his motion to reconsider that decision (No. 05-73388). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss the petition for review in No. 05-70858, and deny the petition for review in No. 05-73388.

We lack jurisdiction to review the BIA’s discretionary determination that Ruiz failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

The evidence Ruiz presented with his motion to remand concerned the same basic hardship grounds as his application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir. 2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence would not alter its discretionary determination that he failed to establish the requisite hardship. See id. at 600 (holding…

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