Lopez-Hernandez
Lopez-Hernandez v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
This is a petition for review from the Board of Immigration Appeals’ (“BIA”) July 25, 2007 order on remand vacating its March 14, 2005 decision with respect to the grant of 30 days of voluntary departure, and granting petitioner 60 days in which to voluntarily depart. The BIA issued the order following this court’s order remanding petition for review No. 05-74973 to the BIA.
Petition for review No. 05-74973 challenged the BIA’s July 28, 2005 order denying petitioner’s motion to reopen so that she could renew her application for cancellation of removal and a seek new grant of voluntary departure. On August 1, 2006, 195 Fed.Appx. 647 , this court issued a memorandum opinion dismissing the petition for review. Among other things, the court found that it lacked jurisdiction over the BIA’s discretionary determination that the evidence petitioner submitted would not alter its prior discretionary determination that she had failed to establish the requisite hardship to merit cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006). Following issuance of the court’s August 1, 2006 decision, petitioner filed a motion for panel rehearing and…