United States v. 2005-04-13 | 02-71208 | DIAZ-RAMOS VGONZALES | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 JAVIER DIAZ-RAMOS,
Petitioner, No. 02-71208
v. Agency No.
 A75-482-334ALBERTO 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

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

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© 2005 Thomson/West.

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