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Rojas v. Gonzales

United States Court of Appeals, Ninth Circuit
Mar 14, 2006
171 F. App'x 108 (9th Cir. 2006)

Opinion

Submitted March 8, 2006.

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Crespin Rojas, Sunnyvale, CA, pro se.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, 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.

Before CANBY, BEEZER and KOZINSKI, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Crespin Rojas and his wife, Maria A. Gonzalez de Rojas, natives and citizens of Mexico, petition pro se for review of an order of the Board of Immigration Appeals summarily affirming an immigration judge's ("IJ") decision denying their applications for cancellation of removal. To the

Page 109.

extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. We review due process challenges de novo, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ's discretionary determination that the petitioners failed to demonstrate the requisite exceptional and extremely unusual hardship. See 8 U.S.C. § 1252(a)(2)(B); Romero-Torres v. Ashcroft, 327 F.3d 887, 891-92 (9th Cir.2003).

We reject the petitioners' contention that the agency did not consider the entire administrative record because they offer no basis for rebutting the presumption that the agency reviewed all relevant evidence. See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.


Summaries of

Rojas v. Gonzales

United States Court of Appeals, Ninth Circuit
Mar 14, 2006
171 F. App'x 108 (9th Cir. 2006)
Case details for

Rojas v. Gonzales

Case Details

Full title:Crespin ROJAS; Maria A. Gonzalez De Rojas, Petitioners, v. Alberto R…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 14, 2006

Citations

171 F. App'x 108 (9th Cir. 2006)