Cortes-Godoy v. Mukasey
Opinion of the Court
MEMORANDUM
This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of petitioners’ application for cancellation of removal pursuant to 8 U.S.C. § 1229b(b).
Respondent’s motion to dismiss this petition for review in part and for summary disposition in part is granted.
We have reviewed the response to the order to show cause and the motion to dismiss this petition for review for lack of jurisdiction in part, and we conclude that petitioners have failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir. 2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir. 2001). Accordingly, respondent’s motion to dismiss this petition for review in part for lack of jurisdiction as to petitioners Eusebio Cortes-Godoy (Agency # A79-519-140) and Gloria Cortez-Gonzalez (Agency # A79-519-141) 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).
Respondent’s motion for summary disposition as to petitioners Hector Miguel Cortez-Gonzalez (Agency # A79-519-142) and Jorge Alfonso Cortez-Gonzalez (Agen
Accordingly, this petition for review is denied as to petitioners Hector Miguel Cortez-Gonzalez and Jorge Alfonso Cortez-Gonzalez and dismissed as to petitioners Eusebio Cortes-Godoy and Gloria Cortez-Gonzalez.
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.
DISMISSED IN PART AND DENIED IN PART.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Eusebio CORTES-GODOY v. Michael B. MUKASEY, Attorney General
- Status
- Published