Diaz-Ramos v. Gonzales

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 13, 2005
• Docket: 02-71208
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JAVIER DIAZ-RAMOS,  Petitioner, No. 02-71208 v.  Agency No. A75-482-334 ALBERTO R. GONZALES,* Attorney General, ORDER Respondent.  Filed April 13, 2005

Before: Alfred T. Goodwin, Robert R. Beezer, and Diarmuid F. O’Scannlain, Circuit Judges.

ORDER

In light of Lanza v. Ashcroft, 389 F.3d 917 (9th Cir. 2004), the motion of the Attorney General to remand this case to the Board of Immigration Appeals for a clarification of the grounds for its affirmance of the Immigration Judge’s denial of Diaz-Ramos’ cancellation of removal application is GRANTED. This Court will not entertain any further appeals by petitioner concerning whether his removal would result in exceptional and extremely unusual hardship to his United States citizen children. 8 U.S.C. § 1252(a)(2)(b); see Romero- Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003).

The case, presently set for oral argument on April 15, 2005,

*Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R. App. P. 43(c)(2).

4413 4414 DIAZ-RAMOS v. GONZALES in San Francisco, California, is removed from the oral argu- ment calendar.

VACATED and REMANDED. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.