Velazquez

Velazquez v. Gonzales

Good Law
237 F. App'x 283
United States Court of Appeals for the Ninth CircuitJune 22, 2007No. 06-71446California334 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Ayala Velazquez and Agustina Amezquita, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ decision dismissing their *285 appeal from an immigration judge’s denial of their application for cancellation of removal on the ground that they failed to establish that their removal would result in exceptional and extremely unusual hardship to their two United States citizen children. We deny in part and dismiss in part the petition for review.

Pursuant to 8 U.S.C. § 1252 (a)(2)(B)®, we lack jurisdiction to review the discretionary determination that the petitioners failed to meet the hardship requirement of 8 U.S.C. § 1229b(b)(l)(D). See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

We have jurisdiction to consider colorable constitutional claims. Id. at 930 . The petitioners contend that the standard for establishing the hardship necessary for cancellation of removal violates equal protection because it permits some United States citizens to suffer hardship and be denied the rights of citizenship. As respondent notes, the petitioners’ children may remain in the United States upon their parents’ removal. The…

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