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Macedo v. Mukasey

United States Court of Appeals, Ninth Circuit.Page 446
Jul 2, 2008
284 F. App'x 445 (9th Cir. 2008)

Opinion

No. 07-71954.

Submitted June 18, 2008.

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

Filed July 2, 2008.

Jorge Cortes Macedo, pro se.

Yesenia Orozco de la Paz, pro se.

CAC-District Counsel, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Stacy S. Paddack, Kurt B. Larson, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A96-064-388, A96-064-389.

Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.


MEMORANDUM

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

Jorge Cortes Macedo and Yesenia Orozco De La Paz, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals' decision affirming the immigration judge's denial of petitioners' application for cancellation of removal.

We lack jurisdiction to consider petitioners' challenge to the agency's extreme hardship determination because it is a nonreviewable discretionary determination. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003) (citing 8 U.S.C. § 1252(a)(2)(B)). Petitioners' contention, that the BIA violated their due process rights by concurring with the IJ's decision without conducting its own separate analysis, does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 327 F.3d 926, 930 (9th Cir. 2005); Lopez v. Ashcroft, 366 F.3d 799, 807 n. 6 (9th Cir. 2004) ("what is required is merely that [the BIA] consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.").

PETITION FOR REVIEW DISMISSED.


Summaries of

Macedo v. Mukasey

United States Court of Appeals, Ninth Circuit.Page 446
Jul 2, 2008
284 F. App'x 445 (9th Cir. 2008)
Case details for

Macedo v. Mukasey

Case Details

Full title:Jorge Cortes MACEDO; et al., Petitioners, v. Michael B. MUKASEY, Attorney…

Court:United States Court of Appeals, Ninth Circuit.Page 446

Date published: Jul 2, 2008

Citations

284 F. App'x 445 (9th Cir. 2008)