Christian Martinez-Lopez v. John Ashcroft, Attorney General of the United States

259 F.3d 1198, 2001 Cal. Daily Op. Serv. 6778, 2001 U.S. App. LEXIS 20842, 2001 WL 881015

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 28, 2001
• Docket: 01-70212
• Status: Published

Opinion

ORDER

Pending before us is respondent’s motion to dismiss this petition for review for lack of jurisdiction, pursuant to 8 U.S.C. § 1252(a)(2)(B)®.

The Immigration Judge found petitioner removable as an alien present in the United States without being admitted or paroled, pursuant to 8 U.S.C. § 1182(a)(6)(A)®. The Immigration Judge also denied petitioner’s request for voluntary departure, pursuant to 8 U.S.C. § 1229c. Petitioner appealed to the Board of Immigration Appeals, challenging the Immigration Judge’s denial of voluntary departure. The Board affirmed the Immigration Judge’s decision without opinion.

We recently held in Montero-Martinez v. Ashcroft, 249 F.3d 1156, 1158 (9th Cir.2001), that pursuant to 8 U.S.C. § 1252(a)(2)(B)®, there is no jurisdiction to review the statutory eligibility for cancellation of removal and the discretionary decision of whether to grant cancellation of removal under 8 U.S.C. § 1229b. Because section 1252(a)(2)(B)® also provides that there is “no jurisdiction to review any judgment regarding the granting of relief under section 1229c,” this court lacks jurisdiction to review voluntary departure decisions. See 8 U.S.C. § 1252(a)(2)(B)®; see also Montero-Martinez, at 1158.

Accordingly, respondent’s motion to dismiss is granted.

All pending motions are denied as moot.

THE PETITION FOR REVIEW IS DISMISSED.