Velazquez-Aispuro

Velazquez-Aispuro v. Mukasey

Good Law
262 F. App'x 762
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-73195California278 words

Opinion

lead Opinion

MEMORANDUM ***

Jose Cruz Velazquez-Aispuro, his wife Jesus Guadalupe Velazquez-Pelazuelos, *763 and their son Ignacio seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to remand and upholding an immigration judge’s (“IJ”) order denying the parents’ applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001), and we review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003); see also Ramirez-Alejandre v. Ashcroft, 320 F.3d 858, 874 (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 deny the petition for review.

Petitioners’ contention that the IJ misunderstood the standards governing cancellation of removal is not supported by the record. Moreover, the proceedings were not “so fundamentally unfair that [petitioners were] prevented from reasonably presenting [their] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000)…

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