Salazar

Salazar v. Mukasey

Good Law
256 F. App'x 51
United States Court of Appeals for the Ninth CircuitNovember 19, 2007No. 06-75455California255 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’ applications for cancellation of removal.

As to the lead petitioner, Jose Sandoval Salazar (A95-448-702), a review of the administrative record demonstrates that this court lacks jurisdiction to review the BIA’s discretionary decision on hardship with respect to his cancellation of removal application. 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). Accordingly, respondent’s motion to dismiss in part for this petition for review is granted.

As to Irma Sandoval Salazar (A95-448703), a review of the administrative record and the opening brief demonstrates that *52 there is substantial evidence to support the BIA’s decision that petitioner failed to establish continuous physical presence in the United States for a period of not less than ten years as required for cancellation of removal. See 8 U.S.C. § 1229b(b)(l)(A). Petitioner’s expedited removal in 1997 interrupted her continuous physical presence in…

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