Loza

Loza v. Gonzales

Good Law
229 F. App'x 632
United States Court of Appeals for the Ninth CircuitApril 27, 2007Nos. 05-71592, 05-73930California486 words

Opinion

Lead Opinion

MEMORANDUM **

Reveriano De La Torre Loza and Maria Veronica De La Torre, husband and wife, *633 petition for review of an order of the Board of Immigration Appeals’ (“BIA”) order upholding an immigration judge’s decision to deny their application for cancellation of removal and the BIA’s order denying their motions to reopen and reconsider. To the extent we have jurisdiction it is conferred by 8 U.S.C. 1252. We review for abuse of discretion the denial of a motion to reopen see Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and a motion to reconsider see Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We dismiss in part and grant in part the petition for review in No. 05-71592 and we deny in part the petition for review in No. 05-73930.

We lack jurisdiction to review the BIA’s discretionary determination that Petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

Petitioners’ contention that the BIA violated their due process rights by disregarding the testimony of their expert to establish the requisite hardship is not supported by the record and does not amount…

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