Ocampo

Ocampo v. Mukasey

Good Law
260 F. App'x 956
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 07-72062California286 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) denial of a motion to reconsider its decision denying cancellation of removal.

*957 We have considered petitioners’ response to this court’s September 10, 2007, order to show cause why the petition should not be summarily denied pursuant to Ninth Circuit Rule 3—6(b).

Petitioners contend the BIA abused its discretion and violated their due process rights by failing to find error in the immigration judge’s (“IJ”) refusal to hear testimony concerning petitioners’ length of residence in the United States. However, as the BIA noted, the BIA and the IJ were aware of the length of time petitioners resided in the United States by the ages of them American-born children. In addition, the record contained written evidence of them length of residence. The BIA therefore did not violate petitioners’ due process rights and was within its discretion in denying petitioners’ motion to reconsider. See 8 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc). In any event, this court lacks jurisdiction to review the immigration judge’s and BIA’s decision that…

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