Thelma Acevedo Ramirez v. Eric Holder, Jr.

Good Law
504 F. App'x 604
United States Court of Appeals for the Ninth CircuitJanuary 16, 201309-72367California350 words

Opinion

Opinion

MEMORANDUM

Thelma Arciria Acevedo Ramirez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.

We lack jurisdiction to review the BIA’s determination that Acevedo Ramirez is not eligible for NACARA relief. See Ixcot v. Holder, 646 F.3d 1202, 1213-14 (9th Cir.2011).

To the extent Acevedo Ramirez contends the BIA’s factual findings are erroneous and that the BIA failed to properly consider the evidence, these contentions do not amount to colorable constitutional claims. 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 colorable constitutional claims that would invoke our jurisdiction.”).

Acevedo Ramirez also contends that the IJ violated her due process rights because he was biased and prejudged her case. This…

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