Mariscal-Caro v. Mukasey
Mariscal-Caro v. Mukasey
Opinion of the Court
MEMORANDUM
In these consolidated petitions, Humberto Mariscal-Caro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders
In his opening brief, Mariscal-Caro fails to address, and therefore has waived any challenge to, the BIA’s denial of his motion to reopen and reconsider. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
We lack jurisdiction to review the agency’s discretionary determination that Mariscal-Caro failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir. 2005). Moreover, Mariseal-Caro’s contention that the IJ violated his due process rights by disregarding evidence is not supported by the record and therefore does not amount to a colorable constitutional claim. Id. at 930.
We also lack jurisdiction to review the agency’s discretionary denial of voluntary departure. See 8 U.S.C. § 1229c(f). Mariseal-Caro’s due process claim regarding the denial of voluntary departure is not colorable. See Martinez-Rosas, 424 F.3d at 930.
Contrary to Mariseal-Caro’s contention, the agency’s interpretation of the hardship standard in his case falls within the broad range authorized by the statute. See Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004-06 (9th Cir. 2003); cf. Alvarez Figueroa v. Mukasey, 543 F.3d 487 (9th Cir. 2008). Mariseal-Caro’s contention regarding moral character is unavailing because the agency denied cancellation of removal solely on the ground of hardship.
Because the BIA reissued its July 5, 2005 order dismissing Mariseal-Caro’s appeal, Mariscal-Caro has not demonstrated prejudice from the BIA’s alleged failure properly to notify him of its decision. See Lara-Torres v. Ashcroft, 383 F.3d 968, 976 (9th Cir. 2004), amended by 404 F.3d 1105 (9th Cir. 2005).
Finally, we dismiss the petition for review in No. 05-75321 as moot.
No. 05-75321: PETITION FOR REVIEW DISMISSED.
No. 05-76721: PETITION FOR REVIEW DENIED.
No. 06-71133: 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
- Humberto MARISCAL-CARO v. Michael B. MUKASEY, Attorney General
- Status
- Published