Hernandez

Hernandez v. Mukasey

Good Law
270 F. App'x 528
United States Court of Appeals for the Ninth CircuitMarch 14, 2008Nos. 06-71170, 06-73894California348 words

Opinion

lead Opinion

MEMORANDUM **

Samuel Gallegos Hernandez and his wife Maria Hilda Gallegos, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order denying their applications for cancellation of removal, and the BIA’s order denying their motion to reopen based on ineffective assistance of counsel and changed country conditions. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen, and review de novo claims of due process violations in removal proceedings, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss the petition for review in No. 06-71170, and deny the petition for review in No. 06-73894.

We lack jurisdiction to review the agency’s discretionary determination that Petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We therefore dismiss the petition for review in No. 06-71170.

We agree with the BIA’s conclusion that…

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