Lopez-Lopez

Lopez-Lopez v. Mukasey

Good Law
285 F. App'x 440
United States Court of Appeals for the Ninth CircuitJuly 11, 2008Nos. 04-75917, 05-71712California275 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated cases, Patricia Camerina Lopez-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing her appeal from an immigration judge’s decision pretermitting her application for relief under former section 212(c) of the Immigration and Nationality Act (No. 04-75917), and denying her motion to reconsider (No. 05-71712). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo constitutional challenges, Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1166 (9th Cir.2004), and for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny both petitions for review.

We reject Lopez-Lopez’s equal protection contention regarding her ineligibility for § 212(c) relief. Under the reasoning of Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir.2002), Lope^Lopez is not similarly situated, for purposes of § 212(c) relief, to those aliens who pled guilty. She has therefore not established an equal protection violation. See Dillingham v. INS, 267 F.3d 996, 1007 (9th Cir.2001) (“In order to succeed on his [equal protection] challenge,…

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.