Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
RIGOBERTO CRUZ-AZPETIA, AKA Rigoberto Azpetia-Cruz, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
MEMORANDUM*
Rigoberto Cruz-Azpetia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' (“BIA”) order dismissing his appeal from an immigration judge's decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo constitutional claims and questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the agency's discretionary determination that Cruz-Azpetia failed to show the requisite exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
Cruz-Azpetia's contentions that the BIA violated due process or erred by allegedly failing to properly apply the correct legal standard in its hardship analysis, neglecting relevant precedent, or ignoring arguments are not supported by the record. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (BIA need not “write an exegesis on every contention” (citation and quotation marks omitted)); Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009) (concluding that the BIA applies the correct legal standard where it expressly cites and applies relevant case law in rendering its decision); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on due process claim).
In light of this disposition, we do not reach Cruz-Azpetia's remaining contentions regarding good moral character. See 8 U.S.C. § 1229b(b)(1); Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the court need not reach a contention when another dispositive determination has been made).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 15-71162
Decided: December 23, 2016
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)