Opinion
No. 07-70360.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 6, 2010.
Tamiko O. Moore, Law Office of Tamiko O. Moore, San Francisco, CA, for Petitioner.
Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Joan E. Smiley, Esq., Richard M. Evans, 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 No. A095-414-676.
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Ana Rosa Cuevas Talavera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order summarily affirming an immigration judge's ("IJ") decision denying her application for cancellation of removal. We dismiss the petition for review.
We lack jurisdiction to review the IJ's discretionary determination that Cuevas Talavera lacks the requisite good moral character for cancellation of removal. See Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir. 2005) (indicating that a good moral character determination is only reviewable where it is based on one of the statutory exclusions found in 8 U.S.C. § 1101(f)), overruled on other grounds by Sanchez v. Holder, 560 F.3d 1028 (9th Cir. 2009). The IJ's discretionary good moral character determination is dispositive of Cuevas Talavera's application.