Lozada Mendoza v. Holder

366 F. App'x 809

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 22, 2010
• Docket: 05-71002
• Status: Unpublished

Opinion

MEMORANDUM **

Ramon Samuel Lozada Mendoza, Gude-lia Gandarilla Araujo and Noemi Lozada Gandarilla, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals denying their motion to reopen the BIA’s underlying decision summarily affirming the immigration judge’s denial of petitioners’ application for cancellation of removal based on their lack of a qualifying relative.

Petitioners contend that their equal protection and due process rights were violated by the requirement that petitioners have a qualifying relative in order to qualify for cancellation of removal relief. Petitioners’ contention is foreclosed by our decisions in Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir.2008) (per curiam) (the qualifying relative requirement for cancellation of removal does not violate equal protection rights); Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir.2003) (holding that placing aliens in removal, rather than deportation, proceedings does not by itself amount to a due process violation); and Hemandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir.2002) (no equal protection violation arising from placing aliens in removal rather than deportation proceedings).

PETITION FOR REVIEW DENIED.

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