Ana Rosa Cuevas Talavera v. ERIC H. HOLDER Jr., Attorney General

07-70360Court of Appeals for the Ninth CircuitJan 6, 2010

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
AP/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANA ROSA CUEVAS TALAVERA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-70360
Agency No. A095-414-676
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Ana Rosa Cuevas Talavera, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order summarily affirming an
FILED
JAN 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

AP/Research 07-70360 2
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
Talavera’s application.
PETITION FOR REVIEW DISMISSED.

-- 2 of 2 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.