Diaz

Diaz v. Mukasey

Good Law
275 F. App'x 686
United States Court of Appeals for the Ninth CircuitApril 28, 2008No. 04-75973California236 words

Opinion

Lead Opinion

MEMORANDUM **

Silvestre Camargo Diaz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings in which an immigration judge (“IJ”) pretermitted his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in concluding that Camargo Diaz failed to demonstrate prima facie eligibility for cancellation of removal. See id. at 785 (a motion to reopen must establish prima fa-cie eligibility for underlying relief). The record before the BIA did not establish that Camargo Diaz had a qualifying relative for purposes of his application for cancellation of removal. See 8 U.S.C. § 1229b(b)(l) (listing requirements for cancellation of removal for nonpermanent residents).

We lack jurisdiction to review Camargo Diaz’s challenge to the BIA’s underlying order dismissing his direct appeal from the IJ’s decision because this petition for review…

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