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No. 8629663
United States Court of Appeals for the Ninth Circuit
Martinez v. Gonzales
No. 8629663 · Decided March 16, 2007
No. 8629663·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 16, 2007
Citation
No. 8629663
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Husband and wife Juan Manuel Mendoza Martinez and Lourdes Diaz de Mendoza petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders upholding an immigration judge’s order denying their applications for cancellation of removal. We dismiss in part and deny in part the petition for review. We lack jurisdiction to review the discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Petitioners’ constitutional challenges regarding the Nicaraguan and Central American Relief Act are unavailing. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002); Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1165 (9th Cir.2002). We also are not persuaded by petitioners’ constitutional challenges regarding the rights of their children. See Cabrerar-Alvarez v. Gonzales, 423 F.3d 1006, 1012-13 (9th Cir.2005). We do not consider Lourdes Diaz de Mendoza’s contention regarding the moral character finding, because her failure to establish hardship is dispositive. Finally, we are not persuaded by petitioners’ contention that the BIA’s orders were inadequate. See Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995) (“The adoption of a lower tribunal’s reasons is a valid practice on review.”). PETITION FOR REVIEW DISMISSED in part and DENIED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Husband and wife Juan Manuel Mendoza Martinez and Lourdes Diaz de Mendoza petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders upholding an immigration judge’s order denying their applications for can
Key Points
01MEMORANDUM ** Husband and wife Juan Manuel Mendoza Martinez and Lourdes Diaz de Mendoza petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders upholding an immigration judge’s order denying their applications for can
02We dismiss in part and deny in part the petition for review.
03We lack jurisdiction to review the discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative.
04Petitioners’ constitutional challenges regarding the Nicaraguan and Central American Relief Act are unavailing.
Frequently Asked Questions
MEMORANDUM ** Husband and wife Juan Manuel Mendoza Martinez and Lourdes Diaz de Mendoza petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders upholding an immigration judge’s order denying their applications for can
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This case was decided on March 16, 2007.
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