Avila

Avila v. Gonzales

Good Law
239 F. App'x 386
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 07-71807California445 words

Opinion

Lead Opinion

MEMORANDUM **

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. The Clerk shall file petitioners’ response to the court’s order to show cause received on July 2, 2007. This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioners Maria De Los Angeles Gaona Avila and Erick Salvador Gaona’s applications for cancellation of removal.

A review of the response to the court’s May 18, 2007 order to show cause, and the administrative record, demonstrates that petitioner Erick Salvador Gaona has presented no evidence that he has a qualifying relative as defined in 8 U.S.C. *387 § 1229b(b)(1)(D). See Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir. 2002). The BIA therefore correctly concluded that, as a matter of law, petitioner Erick Salvador Gaona was ineligible for cancellation of removal. Accordingly, the court sua sponte summarily denies the petition for review with regard to petitioner Erick Salvador Gaona because the questions raised by this petition for review are so insubstantial as not to require further argument. See United…

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