Victor Cabrera Rosas v. Eric Holder, Jr.

MEMORANDUM

Victor Manuel Cabrera Rosas and Maria Esther Cabrera, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing them appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to their qualifying relatives. See id.

Petitioners’ contention that the agency violated due process by disregarding the evaluations regarding their children’s language abilities is not supported by the record and does not amount to a colorable constitutional claim that would invoke our jurisdiction. See id. (traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims).

Petitioners’ contention that the BIA violated due process by reviewing de…