Alvarez

Alvarez v. Mukasey

Good Law
267 F. App'x 537
United States Court of Appeals for the Ninth CircuitFebruary 15, 2008No. 07-73505California316 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an Immigration Judge’s order denying petitioners’ applications for cancellation of removal.

We have reviewed the record and the motion to dismiss in part this petition for review for lack of jurisdiction, and we conclude that petitioner Sergio Lomeli Alvarez has failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir.2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, respondent’s unopposed motion to dismiss this petition for review for lack of jurisdiction with respect to petitioner Lomeli Alvarez is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. *538 2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

A review of the administrative record demonstrates that petitioner Edwin Lomeli Serrano has presented no evidence that he has a qualifying relative as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002).…

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