Lopez

Lopez v. Mukasey

Good Law
261 F. App'x 995
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 05-71970California359 words

Opinion

Lead Opinion

MEMORANDUM **

Adriana Margarita Sanchez, and her children Aidet Sanchez Lopez, and Diana Sanchez Lopez, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals summarily affirming the immigration judge’s denial of them application for cancellation of removal based on their lack of a qualifying relative.

Petitioners contend that the requirements for cancellation of removal under section 240A(b) of the Immigration and Nationality Act violate their equal protection rights because the requirements are more stringent than the requirements for cancellation applicable to aliens under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), which does not require a qualifying United States citizen relative: Petitioners also contend that Adriana’s estranged husband is a qualifying relative, although petitioners have not been able to provide evidence of his immigration status. Finally, petitioners contend that the BIA erred in summarily affirming the IJ’s decision.

Petitioners’ arguments lack merit. Petitioners’ equal protection challenge to the different standards for relief created by NACARA is foreclosed by…

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