Cruz-Hernandez

Cruz-Hernandez v. Gonzales

Good Law
229 F. App'x 659
United States Court of Appeals for the Ninth CircuitApril 27, 2007No. 05-74877California266 words

Opinion

Lead Opinion

MEMORANDUM **

Felipe Cruz-Hernandez and Leticia Barrales-Ramos, husband and wife and natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ *660 (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Petitioners’ failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 827 F.3d 887, 890-91 (9th Cir.2003). Because the agency’s hardship determination is dispositive, we do not consider Petitioners’ challenge to the agency’s finding with regard to continuous physical presence. See 8 U.S.C. § 1229b(b)(l); Romero-Torres, 327 F.3d at 889 (noting that an applicant must establish continuous physical presence, good moral character and hardship to a qualifying relative to be eligible for relief).

Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we conclude that the BIA properly denied…

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