Flores-Ferreyra

Flores-Ferreyra v. Mukasey

Good Law
270 F. App'x 548
United States Court of Appeals for the Ninth CircuitMarch 17, 2008No. 07-73902California362 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 petitioner’s application for cancellation of removal.

We have reviewed the record, the motion to dismiss, or in the alternative, for summary disposition, and the opposition thereto. We conclude that petitioner has failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review with respect to the BIA’s determination that petitioner failed to establish the requisite hardship to a qualifying relative. 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 motion to dismiss this petition for review for lack of jurisdiction is granted with respect to the BIA’s hardship determination. See 8 U.S.C. § 1252 (a)(2)(B)®; *550 Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

A review of the administrative record demonstrates that there is substantial evidence to support the BIA’s decision that petitioner failed to…

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