Garcia v. Gonzales
Garcia v. Gonzales
Opinion of the Court
MEMORANDUM
We have reviewed the response to the court’s February 28, 2007 order to show cause and respondent’s motion to dismiss in part and for summary disposition in part.
With respect to petitioners Federico Palacios Garcia, A79-517-732, and Heladia Celia Garcia Juarez, A79-517-733, we conclude that petitioners have failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. Accordingly, respondent’s motion to dismiss this petition for review for lack of jurisdiction as to petitioners Federico Palacios Garcia, and Heladia Celia Garcia Juarez, is granted. 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).
Additionally, with respect to the motion for summary disposition as to the remaining petitioners: Ana Isabel Palacios Garcia, A79-517-734; Eduardo Palacios Garcia, A79-517-735; and Araceli Palacios Garcia, A79-517-736, a review of the administrative record demonstrates that petitioners have presented no evidence that they have a qualifying relative as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molina-
All 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.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.