United States Ninth Circuit

Petitions for review of denials of petitioners' applications for cancellation of removal are dismissed where the circuit court lacked jurisdiction to review an IJ's decision, which held that the removal of husband and wife petitioners would not impose an "exceptional and extremely unusual hardship" on their United States-born children and the husband's elderly parents, both of whom have legal status to reside in the United States.

Appellate Information

• Argued 06/05/2008
• Decided 08/21/2008
• Published 08/21/2008

Judges

• Before:  DAVID R. THOMPSON, DIARMUID F. O'SCANNLAIN, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph Mbacho, El Centro, CA, filed briefs on behalf of the petitioners., Catherine Carroll, Wilmer Cutler Pickering Hale & Dorr, Washington, DC, argued the cause for the petitioners as court-appointed amicus curiae;  Jonathan H. Becker, Wilmer Cutler Pickering Hale & Dorr, Washington, DC, filed briefs as court-appointed amicus curiae;  John A. Rogovin was on the briefs.


• For Appellees:
  
• Charles Canter, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, argued the cause for the respondent;  Luis E. Perez, Attorney, Office of Immigration Litigation, filed a brief;  John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation, and Peter D. Keisler, Assistant Attorney General, Civil Division, were on the brief.