Serrano

Serrano v. Gonzales

Good Law
246 F. App'x 460
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 07-71127California322 words

Opinion

Lead Opinion

MEMORANDUM **

We have reviewed the response to the court’s March 29, 2007 order to show cause, respondent’s opposed motion to dismiss in part and for summary disposition in part, and opposition and reply thereto.

With respect to petitioners Jose Luis Garcia Serrano, A96-133-396, and Margarita Villa, A96-133-397, we conclude that petitioners have failed to raise a color-able constitutional or legal claim to invoke our jurisdiction. Accordingly, respondent’s motion to dismiss this petition for review for lack of jurisdiction as to petitioners Jose Luis Garcia Serrano and Margarita Villa is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001).

Additionally, with respect to the motion for summary disposition as to the *462 remaining petitioners: Margarita Garcia Villa, A96-183-398, and Andrea Garcia Villa, A96-133-399, a review of the administrative record demonstrates that petitioners have presented no evidence that they have a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C.…

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