358 F. App'x 924

Edmundo Hernandez GUERRERO; Juana Gonzalez Maldonado, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent.

No. 07-71600.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 17, 2009.*

Filed Dec. 14, 2009.

Michelle Gonzalez, Esquire, Michelle Gonzalez, Inc., Huntington Park, CA, for Petitioners.

Edmundo Hernandez Guerrero, pro se.

Juana Gonzalez Maldonado, pro se.

Richard M. Evans, Esquire, Assistant Director, Sada Manickam, Esquire, Effery R. Leist, Trial, Stacy Stiffel Paddack, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

MEMORANDUM **

Edmundo Hernandez Guerrero and Juana Gonzalez Maldonado, natives and citi*925zens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Female petitioner waived any challenge to the agency’s decision pretermitting her cancellation application on physical presence grounds by failing to raise this issue in the opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

Guerrero v. Holder
358 F. App'x 924

Case Details

Name
Guerrero v. Holder
Decision Date
Dec 14, 2009
Citations

358 F. App'x 924

Jurisdiction
United States

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