Garcia-Vargas

Garcia-Vargas v. Gonzales

Good Law
234 F. App'x 563
United States Court of Appeals for the Ninth CircuitJune 13, 2007Nos. 05-73355, 06-71584California404 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Epimenio Garcia-Vargas seeks re *564 view of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s order denying his application for cancellation of removal and the BIA’s order denying his motion to reopen due to ineffective assistance of counsel. 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); see also Ramirez-Alejandre v. Ashcroft, 319 F.3d 365, 382 (9th Cir.2003) (“Under BIA procedure, a motion to remand must meet all the requirements of a motion to reopen and the two are treated the same.”). We dismiss in part and deny in part the petitions for review in No. 05-73355. We deny the petition for review in No. 06-71584.

We lack jurisdiction to review the agency’s discretionary determination that Garcia-Vargas 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).

Garcia-Vargas’ contention that the agency misapplied the law and disregarded the evidence of hardship is not supported by the record and does not amount to a…

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