Cardenas

Cardenas v. Gonzales

Good Law
235 F. App'x 526
United States Court of Appeals for the Ninth CircuitJuly 27, 2007No. 07-71090California315 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioners’ applications for cancellation of removal.

We have reviewed the response to the court’s April 10, 2007 order to show cause, respondent’s motion to dismiss and the opposition thereto, and we conclude that petitioners Juan Nazarit Cardenas, A95316-008, and Teresa Nazarit Ornelas, A95316-009, have failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, the motion to dismiss this petition for review for lack of jurisdiction with respect to petitioners Juan Nazarit Cardenas and Teresa Nazarit Ornelas is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

A review of the administrative record demonstrates that petitioner Emmanuel Nazarit Ornelas, A95-316-010, has presented no evidence that he has a qualifying relative as defined in 8 U.S.C. § 1229b(b)(l)(D). See…

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