Martinez-Martinez v. Holder
Martinez-Martinez v. Holder
Opinion of the Court
MEMORANDUM
Rosalio Martinez-Martinez, a native and citizen of Mexico (Petitioner), petitions pro se for review of the Board of Immigration Appeals’ (BIA) denial of his motion to remand/reopen proceedings and dismissal of his appeal of an Immigration Judge’s (IJ) decision denying his application for cancellation of removal based on failure to establish exceptional and extremely unusual hardship to his wife and three children, all of whom are United States citizens. We lack jurisdiction over both claims pursuant to 8 U.S.C. § 1252(a)(2)(B)®, and we dismiss the petition.
First, we lack jurisdiction over Petitioner’s challenge to the BIA’s discretionary denial of his application for cancellation of removal. Aside from adding an
Second, we lack jurisdiction over Petitioner’s challenge to the BIA’s denial of his motion to remand/reopen proceedings pursuant to our interpretation of 8 U.S.C. § 1252(a)(2)(B)© in Fernandez v. Gonzales, 439 F.3d 592 (9th Cir. 2006). Petitioner’s argument in his motion that his wife’s adjustment of status from lawful permanent resident to United States citizen presents a greater equity in the hardship analysis is “essentially the same discretionary issue originally decided” by the IJ, as Petitioner’s wife has always been a qualifying relative whose hardship was considered. See id. at 600. In addition, the BIA determined that Petitioner’s motion failed to establish prima facie eligibility for cancellation of removal. See id. at 601.
PETITION DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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