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Encino v. Mukasey

United States Court of Appeals, Ninth Circuit
Jan 9, 2008
262 F. App'x 852 (9th Cir. 2008)

Opinion

No. 06-73053.

Submitted December 3, 2007.

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

Filed January 9, 2008.

Salvador Guzman Encino, Santa Ana, CA, pro se.

Clara Rodriguez De La Riva, Santa Ana, CA, pro se.

CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Lisa M. Arnold, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A95-304-171, A95-304-172.

Before: GOODWIN, WALLACE and FISHER, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Salvador Guzman Encino and Clara Rodriguez De La Riva, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals decision affirming the immigration judge's (IJ) denial of their application for cancellation of removal.

We lack jurisdiction to review the IJ'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).

Petitioners' constitutional challenges of the Nicaraguan Adjustment and Central American Relief Act (NACARA) are unavailing. See Hertiundez-Mezquitu v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir. 2002) (holding that NACARA's limitation on eligibility for relief does not violate equal protection or due process).

PETITION FOR REVIEW DISMISSED in part, DENIED in part.


Summaries of

Encino v. Mukasey

United States Court of Appeals, Ninth Circuit
Jan 9, 2008
262 F. App'x 852 (9th Cir. 2008)
Case details for

Encino v. Mukasey

Case Details

Full title:Salvador Guzman ENCINO; et al., Petitioners, v. Michael B. MUKASEY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 9, 2008

Citations

262 F. App'x 852 (9th Cir. 2008)