Monroy-Gutierrez

Monroy-Gutierrez v. Mukasey

Good Law
262 F. App'x 812
United States Court of Appeals for the Ninth CircuitJanuary 4, 2008Nos. 05-70327, 05-72431California623 words

Opinion

lead Opinion

MEMORANDUM ***

In these consolidated cases, Enrique Monroy-Gutierrez and his wife, Alicia Salcedo-Sanchez (“Petitioners”), natives and citizens of Mexico, petition for review of (1) an order of the Board of Immigration Appeals (“BIA”) affirming the decision of an immigration judge (“IJ”) to deny them application for cancellation of removal (No. 05-70327) and (2) a subsequent order of the BIA denying their motion to reconsider (No. 05-72431). We deny in part and dismiss in part the petition for review in No. 05-70327, and we deny the petition for review in No. 05-72431.

To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Insofar as Petitioners challenge the IJ’s determination that they failed to show exceptional and extremely unusual hardship, we lack *814 jurisdiction to review this discretionary determination. See 8 U.S.C. § 1252 (a)(2)(B)(ii) (eliminating jurisdiction over decisions by the BIA that involve the exercise of discretion); Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003). We review de novo, however, Petitioners’ claims of due process violations, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), and we review for abuse of…

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