Jimenez-Castro
Jimenez-Castro v. Holder
Opinion
Opinion
MEMORANDUM
Maria Jimenez-Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“LJ”) decision denying her applications for cancellation of removal and voluntary departure as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.
We lack jurisdiction to review the agency’s determination that Jimenez-Castro did not merit cancellation of removal or voluntary departure as a matter of discretion. See 8 U.S.C. § 1252 (a)(2)(B); see also Molino-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002).
Jimenez-Castro’s contention that the IJ violated her due process rights by treating her arrests for alien smuggling as criminal convictions is not supported by the record and does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).