Martinez

Martinez v. Mukasey

Good Law
278 F. App'x 766
United States Court of Appeals for the Ninth CircuitMay 15, 2008No. 07-74052California308 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioners’ appeal of an Immigration Judge’s order denying petitioners’ applications for cancellation of removal.

As to lead petitioners (Garniea-Martinez, A95-449-315 and Mendez-Antonio, A95-449-316), a review of the administrative record and the response to the October 31, 2007 order to show cause demonstrates that this court lacks jurisdiction to review the BIA’s discretionary decision on hardship with respect to their cancellation of removal applications. 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); Torres-Aguilar v. INS, 246 F.3d 1267 (9th Cir.2001); Mamanee v. INS, 566 F.2d 1103 (9th Cir.1977). Accordingly, the court dismisses this petition for review for lack of jurisdiction as to the two lead petitioners.

As to the lead petitioners’ son (A95-449317), a review of the administrative record and the response to the order to show cause demonstrates that there is substantial evidence to support the BIA’s decision that petitioner failed to establish that he…

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