Ortiz v. Holder
Docket: No. 05-73828
Court: Court of Appeals for the Ninth Circuit; March 1, 2009; Federal Appellate Court
Jose Manuel Ortiz, a Mexican national, seeks judicial review of a decision made by the Board of Immigration Appeals (BIA) regarding his applications for cancellation of removal and Special Agricultural Worker status. The review is governed by 8 U.S.C. § 1160(e)(3) and § 1252. The court denies part of Ortiz's petition and dismisses the rest, affirming that the Legalization Appeals Unit (LAU) did not act contrary to the evidence in concluding that Ortiz did not meet the necessary employment qualification. The government provided evidence undermining Ortiz's claims of employment, and his counter-evidence was deemed insufficient. Ortiz's arguments about the denial of his motion to terminate proceedings are found unconvincing. His due process claim is rejected due to a failure to show prejudice, a requirement for success on such claims. The court also determines it lacks jurisdiction to review the BIA’s discretionary finding regarding hardship to a qualifying relative. The petition is partially denied and partially dismissed, with the ruling not intended for publication or as precedent, except as specified in 9th Cir. R. 36-3.