Veloz

Veloz v. Mukasey

Good Law
255 F. App'x 263
United States Court of Appeals for the Ninth CircuitNovember 26, 2007Nos. 05-74050, 06-70451, 06-73876California418 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated cases, Pedro Antonio Montes Veloz and Estela Maria Hernandez de Montes, natives and citizens of Mexico, petition for review of three Board of Immigration Appeals (“BIA”) orders: one denying their first motion to reopen underlying cancellation of removal proceedings based on Lanza v. Ashcroft, 389 F.3d 917, 926 (9th Cir.2004) (No. 05-74050); one denying their second motion to reopen based on exceptional circumstances (No. 06-70451); and one denying their motion to reconsider the denial of their second motion to reopen (No. 06-73876). To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider and a motion to reopen. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We dismiss the petition for review in 05-74050, and deny the petitions for review in 06-70451 and 06-73876.

We lack jurisdiction over the BIA’s denial of petitioners’ first motion to reopen because petitioners fail to state a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“Although we retain…

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