Ines
Ines v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Lorenzo Riquelme Ines, Margarita Vidal, husband and wife, and their son Irving Riquelme, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals denying their motion to reopen the underlying denial of their application for cancellation of removal. The BIA denied the motion based on its conclusion that petitioners were barred from applying for cancellation of removal by 8 U.S.C. § 1229c(d) because they remained in the United States beyond the expiration of the period for voluntary departure, and the petitioners filed their motion after the expiration of the voluntary departure period.
Petitioners challenge the underlying BIA decision which affirmed the immigration judge’s denial of petitioners’ application for cancellation of removal based on their failure to establish exceptional and extremely unusual hardship to their qualifying United States citizen relatives.
The petitioners’ opening brief fails to address how the BIA erred in denying their motion to reopen on the basis that their voluntary departure period had expired, making them ineligible for cancellation of removal. The petitioners have thereby waived…