Check how courts have cited this case. Use our free citator for the most current treatment.
No. 8690192
United States Court of Appeals for the Ninth Circuit
Cervantes-Galvan v. Mukasey
No. 8690192 · Decided October 16, 2008
No. 8690192·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 16, 2008
Citation
No. 8690192
Disposition
See opinion text.
Full Opinion
*593 MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal from an immigration judge’s order denying petitioner’s application for cancellation of removal. A review of the administrative record demonstrates that petitioner has presented no evidence that petitioner has a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir. 2002). The BIA therefore correctly concluded that, as a matter of law, petitioner was ineligible for cancellation of removal. Accordingly, respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam). All other pending motions are denied as moot. The temporary stay of removal and voluntary departure confirmed by Ninth Circuit General Order 6.4(c) and Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004), shall continue in effect until issuance of the mandate. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
*593 MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal from an immigration judge’s order denying petitioner’s application for cancellation of removal.
Key Points
01*593 MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal from an immigration judge’s order denying petitioner’s application for cancellation of removal.
02A review of the administrative record demonstrates that petitioner has presented no evidence that petitioner has a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C.
03The BIA therefore correctly concluded that, as a matter of law, petitioner was ineligible for cancellation of removal.
04Accordingly, respondent’s unopposed motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument.
Frequently Asked Questions
*593 MEMORANDUM ** This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner’s appeal from an immigration judge’s order denying petitioner’s application for cancellation of removal.
FlawCheck shows no negative treatment for Cervantes-Galvan v. Mukasey in the current circuit citation data.
This case was decided on October 16, 2008.
Use the citation No. 8690192 and verify it against the official reporter before filing.