Martinez

Martinez v. Gonzales

Good Law
243 F. App'x 321
United States Court of Appeals for the Ninth CircuitSeptember 17, 2007No. 07-71885California255 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ order adopting and affirming an Immigration Judge’s order denying petitioners application for cancellation of removal.

A review of the administrative record demonstrates that petitioners stipulated at their merits hearing that they lacked a qualifying relative as defined in 8 U.S.C. § 1229b(b)(l)(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, petitioners were ineligible for cancellation of removal. Accordingly, respondent’s opposed motion for summary disposition is granted 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).

To the extent petitioners now raise claims that they did not present to the Board of Immigration Appeals, this petition for review is dismissed for lack of jurisdiction. We lack jurisdiction to consider unexhausted claims that could have been corrected by the Board of Immigration Appeals. See 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 678…

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