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No. 8643757
United States Court of Appeals for the Ninth Circuit
Barboza-Galindo v. Gonzales
No. 8643757 · Decided August 23, 2007
No. 8643757·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 23, 2007
Citation
No. 8643757
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Rodrigo Barboza-Galindo, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen *731 the BIA’s order upholding the immigration judge’s denial of his application for cancellation of removal, based on his failure to establish exceptional and extremely unusual hardship to his United States citizen children. In the motion to reopen, petitioner presented additional evidence of his United States citizen daughter’s worsening asthma condition. The evidence petitioner presented with his motion to reopen concerned the same basic hardship grounds as his original application for cancellation of removal. We therefore lack jurisdiction to review the IJ’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship. See Fernandez v. Gonzales, 439 F.3d 592, 601-03 (9th Cir.2006). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Rodrigo Barboza-Galindo, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen *731 the BIA’s order upholding the immigration judge’s denial of his application for cancellation of removal
Key Points
01MEMORANDUM ** Rodrigo Barboza-Galindo, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen *731 the BIA’s order upholding the immigration judge’s denial of his application for cancellation of removal
02In the motion to reopen, petitioner presented additional evidence of his United States citizen daughter’s worsening asthma condition.
03The evidence petitioner presented with his motion to reopen concerned the same basic hardship grounds as his original application for cancellation of removal.
04We therefore lack jurisdiction to review the IJ’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship.
Frequently Asked Questions
MEMORANDUM ** Rodrigo Barboza-Galindo, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen *731 the BIA’s order upholding the immigration judge’s denial of his application for cancellation of removal
FlawCheck shows no negative treatment for Barboza-Galindo v. Gonzales in the current circuit citation data.
This case was decided on August 23, 2007.
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