Espindola

Espindola v. Mukasey

Good Law
284 F. App'x 493
United States Court of Appeals for the Ninth CircuitJuly 3, 2008No. 06-71559California376 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Jose Ortega Espindola, his wife Lilia Ortega Cisneros, and their child, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for cancellation of removal.

We lack jurisdiction to review the BIA’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to their two United States citizen children. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

Petitioners’ contention that they are entitled to relief because their removal would violate the substantive due process rights of their citizen children is foreclosed. See Urbano de Malaluan v. INS, 577 F.2d 589, 594 (9th Cir.1978) (observing that the argument that “the deportation order would amount to a de facto deportation of the child and thus violate the constitutional rights of the child ... has been authoritatively rejected in numerous cases.”) (citations omitted).

Petitioners’ equal protection challenge to the nationality-based distinctions in the Nicaraguan Adjustment and Central American Relief Act…

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