Barrera

Barrera v. Gonzales

Good Law
239 F. App'x 380
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 07-70808California352 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioners Constantino Vargas Barrera, Patricia Caloca Vazquez, Fabiola Sarai Diaz Caloca, and *381 Saul Diaz Caloca’s applications for cancellation of removal.

A review of the administrative record demonstrates that petitioners Fabiola Sarai Diaz Caloca and Saul Diaz Caloca have presented no evidence that they have a qualifying relative as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molino-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir. 2002). The BIA therefore correctly concluded that, as a matter of law, petitioners were ineligible for cancellation of removal. Accordingly, respondent’s motion for summary disposition is granted with regard to petitioners Fabiola Sarai Diaz Caloca and Saul Diaz Caloca because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam).

We have reviewed the opposition to the motion to dismiss this petition for review for lack of jurisdiction with regard to petitioners…

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