Cuevas Talavera v. Holder

361 F. App'x 773

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 6, 2010
• Docket: 07-70360
• Status: Unpublished

Opinion

MEMORANDUM **

Ana Rosa Cuevas Talavera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Cuevas Talavera lacks the requisite good moral character for cancellation of removal. See Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005) (indicating that a good moral character determination is only reviewable where it is based on one of the statutory exclusions found in 8 U.S.C. § 1101(f)), overruled on other grounds by Sanchez v. Holder, 560 F.3d 1028 (9th Cir.2009). The IJ’s discretionary good moral character determination is dispositive of Cuevas Ta-lavera’s application.

PETITION FOR REVIEW DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.