08-72865•MARIO LLAMAS-GUTIERREZ; CRISTINA LLAMAS, a.k.a. Maria Cristina Llamas v. ERIC H. HOLDER, Jr., Attorney General
08-72865Court of Appeals for the Ninth Circuit23 de fev. de 2011
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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIO LLAMAS-GUTIERREZ;
CRISTINA LLAMAS, a.k.a. Maria
Cristina Llamas,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72865
Agency Nos. A072-172-348
A072-172-380
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Mario Llamas-Gutierrez and Cristina Llamas, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ order dismissing
their appeal from an immigration judge’s decision denying their applications for
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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08-72865 2
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review de novo questions of law. Altamirano v. Gonzales, 427 F.3d 586, 591 (9th
Cir. 2005). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to consider petitioners’ contentions that they did not
knowingly and voluntarily consent to their August 23, 1998, expedited removal
orders, because it would require us to “nullify the continuing effects of [those]
order[s],” which 8 U.S.C. § 1252(a)(2)(A) bars. Avendano-Ramirez v. Ashcroft,
365 F.3d 813, 818-19 (9th Cir. 2004).
Because the agency correctly determined that the expedited removal orders
precluded petitioners from establishing the continuous physical presence required
for cancellation of removal, see Juarez-Ramos v. Gonzales, 485 F.3d 509, 512 (9th
Cir. 2007), we need not reach their remaining contentions.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
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