Sanchez

Sanchez v. Ashcroft

Good Law
96 F. App'x 516
United States Court of Appeals for the Ninth CircuitApril 28, 2004No. 02-70975California270 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Manuel Sanchez and Julia Sanchez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal. We dismiss in part, and deny in part, the petition for review.

We lack jurisdiction to review whether petitioners have demonstrated the requisite “exceptional and extremely unusual hardship” for cancellation of removal. See Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003).

To the extent petitioners contend that the BIA denied them due process by streamlining their case in light of the new standard for “exceptional and extremely unusual hardship” announced in Matter of Monreal-Aguinaga, 23 I. & N. Dec. 56 , 2001 WL 534295 (BIA 2001), this argument does not raise a colorable due process challenge. See Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001) (“To be colorable ... the claim must have some possible validity”); Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999) (“Due process challenges to deportation proceedings require a showing of prejudice to succeed”).

Petitioners contend…

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