Cruz-Cruz

Cruz-Cruz v. Ashcroft

Good Law
98 F. App'x 593
United States Court of Appeals for the Ninth CircuitApril 28, 2004No. 02-71211California337 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Cruz-Cruz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) order denying his application for cancellation of removal. We dismiss in part, and deny in part, the petition for review.

We lack jurisdiction to evaluate whether streamlining was appropriate in this case because the IJ denied relief based, in part, on petitioner’s failure to demonstrate “exceptional and extremely unusual” hardship. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 854 (9th Cir. 2003).

To the extent petitioner contends that the BIA denied him due process by failing to remand the case to the immigration judge to present evidence under a 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.