Ramirez-Gines

Ramirez-Gines v. Mukasey

Good Law
286 F. App'x 491
United States Court of Appeals for the Ninth CircuitAugust 1, 2008Nos. 05-74233, 06-74055California433 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Antonio Ramirez-Gines and Juana Fuentes-Ortega, natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order denying their applications for cancellation of removal (No. 05-74233), and the BIA’s order denying their motion to reopen (No. 06-74055). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review in No. 05-74233, and we deny the petition for review in No. 06-74055.

We reject petitioners’ contention that their children’s constitutional rights are being violated. 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…

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