Tinoco-Vilchez

Tinoco-Vilchez v. Keisler

Good Law
243 F. App'x 340
United States Court of Appeals for the Ninth CircuitSeptember 27, 2007No. 05-72494California295 words

Opinion

Lead Opinion

MEMORANDUM ***

Maritza del Rosario Tinoco-Vilchez and her daughter Claudia Lanuza Tinoco, natives and citizens of Nicaragua, petition for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) decision denying their application for relief under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”). To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review claims of constitutional violations de novo, Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

The IJ determined that petitioners failed to establish eligibility for NACARA relief because the lead petitioner did not prove she entered the United States prior to December 1, 1995. We lack jurisdiction to review the IJ’s determination. See NA- *341 CARA, Pub.L. No. 105-100 (1997) (found at 8 U.S.C. § 1255 note) § 202(f) (“A determination by the Attorney General as to whether the status of an alien should be adjusted under this section is final and shall not be subject to review by any court.”).

To the extent petitioners contend the IJ violated due process by…

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