Tellez v. Mukasey
Opinion of the Court
MEMORANDUM
Ezequiel Munoz Tellez, his wife Felipa Mayo Cortes, and their son Alexis Em
We lack jurisdiction to review the BIA’s discretionary determination that petitioners failed. to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003). We do not consider petitioners’ contentions regarding physical presence and moral character, because petitioners’ failure to establish hardship is dispositive.
We are not persuaded that the qualifying relative requirement for cancellation of removal violates equal protection. See Ram, 243 F.3d at 517 (“ ‘[Ljine-drawing’ decisions made by Congress or the President in the context of immigration and naturalization must be upheld if they are rationally related to a legitimate government purpose.”); Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir. 2002) (concluding that petitioner who failed to show evidence of qualifying relative was ineligible for cancellation of removal).
PETITION FOR REVIEW DISMISSED in part; 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
- Ezequiel Munoz TELLEZ v. Michael B. MUKASEY, Attorney General
- Status
- Published