Santa Rojas v. Loretta E. Lynch

Good Law
668 F. App'x 301
United States Court of Appeals for the Ninth CircuitAugust 23, 201614-71715California291 words

Opinion

Opinion

MEMORANDUM

Santa Cruz Rojas, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision 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. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Rojas failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Although the court would retain jurisdiction over colorable questions of law and constitutional claims, Rojas’ contention that the BIA failed to show proper consideration of all factors is not supported by the record. See id. (“To be colorable in this context, ... the claim must have some possible validity.”); see also Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (agency need not “write an exegesis on every contention” (internal citation omitted)).

Rojas’ due process…

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