Lopez-Mendez

Lopez-Mendez v. Mukasey

Good Law
266 F. App'x 517
United States Court of Appeals for the Ninth CircuitJanuary 10, 2008No. 07-73164California316 words

Opinion

lead Opinion

MEMORANDUM **

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal.

Respondent has filed a motion to dismiss this petition for review for lack of jurisdiction. This court construes the motion as motion to dismiss and for summary disposition. So construed, the motion is granted.

To the extent petitioner seeks review of the BIA’s decision affirming that petitioner has not adequately demonstrated that her departure from the United States would result in “exceptional and extremely unusual hardship” to her United States Citizen children, respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

To the extent that petitioner seeks review of the BIA’s conclusion that there was insufficient evidence of bias on the part of the immigration judge, respondent’s motion for summary disposition is granted because the questions raised…

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