Ponce

Ponce v. Ashcroft

Good Law
101 F. App'x 734
United States Court of Appeals for the Ninth CircuitJune 23, 2004No. 02-73157California344 words

Opinion

Lead Opinion

*735 MEMORANDUM **

Raúl Huerta Ponce, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review whether Huerta Ponce demonstrated the requisite “exceptional and extremely unusual hardship” for cancellation of removal. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We also lack jurisdiction to review Huerta Ponce’s contention that the BIA’s summary affirmance of the IJ’s decision denied him due process because the hardship determination was not clearly controlled by legal precedent. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 854 (9th Cir.2003).

We dismiss Huerta Ponce’s contention that the IJ’s interpretation of the hardship standard denied him due process. Under the facts of this case, this argument is foreclosed by Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004 (9th Cir.2003), and, therefore, 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…

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