Hernandez v. Mukasey
Hernandez v. Mukasey
Opinion of the Court
MEMORANDUM
In these consolidated petitions, Juan Francisco Luna Hernandez, a native and
We lack jurisdiction to review the BIA’s discretionary determination that Luna Hernandez failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
We reject Luna Hernandez’s contention that the BIA failed to consider all of the evidence. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (petitioner must overcome presumption that the BIA reviewed the entire record to establish a due process violation).
Contrary to Luna Hernandez’s contention, the BIA’s interpretation of the hardship standard falls within the broad range authorized by the statutory language. See Ramirez-Perez u Ashcroft, 336 F.3d 1001, 1004 (9th Cir. 2003).
We are unpersuaded by Luna Hernandez’s contentions that the BIA erred and violated due process by engaging in de novo review of the IJ’s factual findings. See 8 C.F.R. §§ 1003.1(d)(3)(i)-(ii).
Luna Hernandez has waived any challenge to the BIA’s dismissal of his second administrative appeal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived).
No. 05-75259: PETITION FOR REVIEW DISMISSED in part; DENIED in part.
No. 06-73938: PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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