Delgado

Delgado v. Mukasey

Good Law
256 F. App'x 160
United States Court of Appeals for the Ninth CircuitNovember 27, 2007Nos. 04-73279, 04-74617, 05-71404California478 words

Opinion

Lead Opinion

MEMORANDUM ***

Jose Mendoza Delgado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (“BIA”) orders: (1) dismissing his appeal from the Immigration Judge’s (“IJ”) order denying his application for cancellation of removal; (2) denying his motion to reopen based on new evidence of hardship and ineffective assistance of counsel; and (3) denying his motion to reconsider the order denying the motion to reopen. We review for abuse of discretion the denial of motions to reopen or reconsider. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). In No. 04-73279, we dismiss in part and grant in part the petition for review and remand. In Nos. 04-74617 and 05-71404 we deny the petitions for review.

In No. 04-73279, we lack jurisdiction to review the IJ’s discretionary determination that Mendoza Delgado failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We also lack jurisdiction to review Mendoza Delgado’s contention that the IJ applied an incorrect hardship standard because he failed to raise it before the…

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