U.S. Court of Appeals for the Ninth Circuit, 2010

Martin Pineda Martinez v. Eric H. Holder Jr.

Martin Pineda Martinez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 29, 2010 · Silverman, Callahan, Smith
397 F. App'x 417

Martin Pineda Martinez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Martin Pineda Martinez and Heladia Gonzalez de Pineda, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. 8 U.S.C. § 1252(a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

To the extent petitioners contend that the BIA’s streamlined order did not demonstrate sufficient consideration of the hardship factors in denying their cancellation of removal applications, their challenge is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir. 2003).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

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