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MENDEZ-CASTRO v. MUKASEY

No. 06-70362.

552 F.3d 975 (2009)

Elfido MENDEZ-CASTRO; Rosa Imelda Mendez, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2009.

Attorney(s) appearing for the Case

Henry Weissman, Munger, Tolles & Olson LLP, Los Angeles, CA, argued the cause for the petitioners and filed briefs.

William C. Minick, Attorney, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, argued the cause for the respondent and filed a brief; Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Werney, Assistant Director, were on the brief.

Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN, and WILLIAM A. FLETCHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether we have jurisdiction to review the Board of Immigration Appeals' application of its own precedent in determining whether the removal of two aliens would cause their children to suffer "exceptional and extremely unusual hardship."

I

Elfido Mendez-Castro and Rosa Imelda Mendez ("the petitioners") are natives and citizens of Mexico who entered the United States without inspection in October 1985 and...

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