Villafana

Villafana v. Gonzales

Good Law
224 F. App'x 687
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 06-74962California237 words

Opinion

Lead Opinion

MEMORANDUM **

We have reviewed the record and petitioners’ response to this court’s order to show cause. Summary disposition is appropriate as to petitioner Maria Gaudalupe Araujo Jaramillo because the lack of a qualifying relative for cancellation of removal raises no substantial questions requiring further argument. See Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002) (concluding that petitioner who failed to show evidence of qualifying relative was ineligible for cancellation of removal); United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam). Petitioners’ argument that the qualifying relative requirement for cancellation of removal is unconstitutional lacks merit. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594 (9th Cir.2002).

*688 Dismissal as to petitioners Jose Luis Araujo Villafana and Josefina Araujo is appropriate because they raise no color-able constitutional or legal claim as to the agency’s discretionary determination of lack of exceptional and extremely unusual hardship. See 8 U.S.C. § 1252 (a)(2)(B)(i); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). The argument…

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