Esparza

Esparza v. Mukasey

Good Law
270 F. App'x 566
United States Court of Appeals for the Ninth CircuitMarch 17, 2008No. 07-73891California392 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 and to deny in part this petition for review. We conclude that petitioner Maria Hernandez Esparza 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 motion to dismiss this petition for review for lack of jurisdiction is granted with respect to petitioner Hernandez Esparza. 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).

A review of the administrative record demonstrates that there is substantial evidence to support the BIA’s decision that petitioner Alberto Garcia Velasquez failed to establish continuous physical presence in the United States for a period of not less than ten years as…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.