Chan

Chan v. Mukasey

Good Law
261 F. App'x 948
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-72500California441 words

Opinion

Lead Opinion

MEMORANDUM **

German Gamaliel Chan, Sara Maria Chan, and their daughter Alma Sibel Chan Pech, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order denying their applications for cancellation of removal, and denying their motion to remand. 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 remand. See Ramirez-Alejandre v. Ashcroft, 319 F.3d 365, 382 (9th Cir.2003) (“Under BIA procedure, a motion to remand must meet all the requirements of a motion to reopen and the two are treated the same.”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that petitioners 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 lack jurisdiction over petitioners’ contentions that the IJ deprived them of their due process rights because they failed to raise this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678…

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