Juarez

Juarez v. Mukasey

Good Law
284 F. App'x 446
United States Court of Appeals for the Ninth CircuitJuly 2, 2008No. 07-71525California289 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Javier Avila Juarez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals decision affirming the immigration judge’s denial of his application for cancellation of removal based on his failure to establish the requisite exceptional or extremely unusual hardship to his United States citizen daughter and lawful permanent resident wife.

We lack jurisdiction to review petitioner’s challenge to the BIA’s discretionary determination that petitioner faded to show exceptional and extremely unusual hardship to his qualifying relatives. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Petitioner contends that the immigration violated his due process rights and deprived him of a full and fair hearing by not allowing petitioner to present his direct testimony and by limiting petitioner’s wife’s testimony only to the hardship caused by the family separation. Petitioner’s due process argument is without merit because the record indicates that the IJ did not materially limit the testimony of petitioner and his wife, see 8 C.F.R. § 1240.1 (c) (“The immigration judge shall receive and consider [only] material and relevant…

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