Aguilera Marin v. Holder

MEMORANDUM

Pedro Aguilera Marin, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Aguilera Marin failed to demonstrate exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Aguilera Marin’s contention that the agency deprived him of due process by misapplying the law to the facts of his case does not state a colorable due process claim. See id.

Aguilera Marin contends the IJ violated due process by denying his request for a continuance and by excluding certain evidence regarding his daughter’s medical and psychological condition. Contrary to Aguilera Marin’s contentions, the proceedings were not “so fundamentally unfair…