Machuca v. Mukasey
Docket: No. 06-72443
Court: Court of Appeals for the Ninth Circuit; November 25, 2007; Federal Appellate Court
Plutarco Machuca and Rosia Vega, Mexican citizens, petitioned for review of the Board of Immigration Appeals' decision affirming an immigration judge's denial of their cancellation of removal applications. The denial was based on their failure to demonstrate that their U.S. citizen children would face exceptional and extremely unusual hardship if they were removed to Mexico. The petitioners argued that the Board and immigration judge incorrectly assessed the hardship requirement under 8 U.S.C. § 1229b(b)(1)(D). However, under 8 U.S.C. § 1252(a)(2)(B)(i), the court lacks jurisdiction to review this discretionary determination, referencing the case Martinez-Rosas v. Gonzales. Additionally, the petitioners contended that the Board and immigration judge incorrectly found that Machuca did not establish good moral character as required by 8 U.S.C. § 1229b(b)(1)(B). The court clarified that no such finding was made, and his application was not denied on that basis. The petition for review was dismissed in part and denied in part, with the disposition deemed not suitable for publication and not serving as precedent except as specified by 9th Cir. R. 36-3.