Alonso-Rodriguez

Alonso-Rodriguez v. Ashcroft

Good Law
64 F. App'x 621
United States Court of Appeals for the Ninth CircuitApril 29, 2003No. 02-71371; INS No. A75-505-889California441 words

Opinion

Lead Opinion

MEMORANDUM **

Victoria Alonso-Rodriguez (“Alonso”) petitions for review of a final order of removal by the Board of Immigration Appeals issued on April 25, 2002. Alonso contends that she is eligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(D) because her removal would cause “exceptional and extremely unusual hardship” to her children.

Alonso argues that the Board incorrectly applied the “exceptional and extremely unusual hardship” standard. However, we lack jurisdiction to review this discretionary determination. See Romero-Torres v. Ashcroft, 327 F.3d 887 (9th Cir.2003).

Alonso also alleges that the Board violated her constitutional right to due process because the proceedings were “so fundamentally unfair that” that she was “prevented from reasonably presenting [her] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (quoting PlateroCortez v. INS, 804 F.2d 1127, 1132 (9th Cir.1986). First, Alonso contends that the Board should have remanded for further testimony by Alonso’s sister-in-law, whose original testimony before the Immigration Judge (“IJ”) was never recorded, and thus was not part of the transcript on appeal. The INS was required to keep “a…

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