Jose Garcia-Felician v. Eric Holder, Jr.

MEMORANDUM

Jose Alfredo Garcia-Felician, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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. Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012). We dismiss in part and deny in part the petition for review.

We lack jurisdiction over the petition insofar as it seeks review of the BIA’s discretionary determination that Garcia-Felician failed to show exceptional and extremely unusual hardship to his qualifying relatives. See id. Gareia-Felician’s contention that the BIA violated his due process rights by disregarding the Sanchez Report is not supported by the record and does not amount to a colorable constitutional claim. See id. at 1200-01 ; see also Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009) (court lacks jurisdiction over abuse of discretion challenges cloaked as constitutional or legal questions).

The BIA properly determined that the IJ’s admission of the government’s background documents on…