De Leon v. Gonzales
De Leon v. Gonzales
Dissenting Opinion
dissenting.
I would deny the motion to dismiss with respect to the claims for cancellation of removal, because petitioners have raised colorable legal questions that give this court jurisdiction over this petition for review. See Torres-Aguilar v. INS, 246 F.3d 1267 (9th Cir. 2001). I would deny the motion for summary affirmance with respect to petitioner Donald Marin Martinez De Leon’s other claims, because the questions raised are sufficiently substantial to require further argument.
Opinion of the Court
MEMORANDUM
Respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted with respect to petitioner Sandra Fabiola Molina Ramirez and with respect to petitioner Donald Marin Martinez de Leon’s cancellation of removal claim. 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).
Respondent’s motion for summary disposition is granted with respect to petitioner Donald Marin Martinez De Leon’s remaining claims, because the questions raised are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th
Ml other pending motions are denied as moot. The temporary stay of removal and voluntary departure confirmed by Ninth Circuit General Order 6.4(c) and Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), shall continue in effect until issuance of the mandate.
DISMISSED IN PART, DENIED IN PART.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
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