Pena

Pena v. Mukasey

Good Law
255 F. App'x 154
United States Court of Appeals for the Ninth CircuitNovember 19, 2007No. 07-72311California340 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 Maria Rosalva Morales Pena and Leydi Jazmín Morales Pena’s applications for cancellation of removal.

A review of the petition for review, the motion for stay of removal, and the administrative record, demonstrates that petitioner Leydi Jazmín Morales Pena has presented no evidence that she has 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, petitioner Leydi Jazmín Morales Pena was ineligible for cancellation of removal. Accordingly, respondent’s motion for summary disposition in part is granted with regard to petitioner Leydi Jazmín Morales Pena 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 petition for review and motion for stay of removal, and we conclude that petitioner Maria Rosalva Morales Pena has failed…

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