Reyna

Reyna v. Gonzales

Good Law
222 F. App'x 604
United States Court of Appeals for the Ninth CircuitFebruary 26, 2007No. 06-74250California279 words

Opinion

Lead Opinion

MEMORANDUM **

We have reviewed respondent’s motion to dismiss in part and for summary affirmance in part, petitioners’ opposition and the record, and we conclude that petitioners, Zacarías Medina Reyna (A95-305-738) and Maria del Socorro Reynafa (A95-305-739) have failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (holding that alien could not, simply by recasting a traditional abuse-of-discretion challenge as a due process violation, create “colorable” constitutional claim sufficient to invoke court of appeals’ jurisdiction). Accordingly, respondent’s motion to dismiss this petition for review for lack of jurisdiction as to Zacarias Medina Reyna (A95-305-738) and Maria del Socorro Reynafa (A95-0305-739) is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

*606 A qualifying relative is a necessary prerequisite to qualification for cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(D). Respondent’s motion for summary disposition as…

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