Barron-Palomares

Barron-Palomares v. Gonzales

Good Law
223 F. App'x 574
United States Court of Appeals for the Ninth CircuitFebruary 27, 2007Nos. 04-73548, 04-75407California389 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Barron-Palomares, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) June 17, 2004 order summarily affirming an immigration judge’s (“IJ”) decision denying cancellation of removal (No. 04-73548), and the BIA’s September 30, 2004 order denying his motion to reconsider its earlier decision (No. 04-75407). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the denial of a motion to reconsider for abuse of discretion and we review de novo due process claims. Cano-Merida, v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part, deny in part and grant in part the petition for review in No. 04 — 73548, and *576 deny the petition for review in No. 04-75407.

We lack jurisdiction to review the IJ’s discretionary determination that Barron-Palomares failed to establish the requisite exceptional and extremely unusual hardship to his United States citizen children, and is therefore ineligible for cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Barron-Palomares’s contention that the IJ violated due process by relying on…

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