Martinez Ortiz v. Gonzales

Good Law
234 F. App'x 482
United States Court of Appeals for the Ninth CircuitJune 7, 2007Nos. 06-70579, 06-72802California419 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Cirilo Eduardo Martinez Ortiz seeks review of the Board of Immigration Appeals’ *483 (“BIA”) order summarily affirming an immigration judge’s order denying his application for cancellation of removal, and the BIA’s order denying his motion to reopen removal proceedings. 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 in No. 06-70579, and we dismiss the petition for review in No. 06-72802.

We lack jurisdiction to review the agency’s discretionary determination that Martinez Ortiz failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). Contrary to Martinez Ortiz’s contention, the agency’s interpretation of the hardship standard falls within the broad range authorized by the statute. See Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004-06 (9th Cir. 2003).

The evidence Martinez Ortiz presented with his motion to reopen concerned the same basic hardship grounds as his application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th…

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