Zamora-Sanchez

Zamora-Sanchez v. Ashcroft

Good Law
102 F. App'x 570
United States Court of Appeals for the Ninth CircuitJune 21, 2004No. 02-71363California286 words

Opinion

Lead Opinion

MEMORANDUM **

Gilberto Zamora-Sanchez, 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 the petition for review.

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

Petitioner’s contentions that the streamlining regulations violate due process and 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,” do not raise colorable due process challenges on these facts. See id. at 851 ; 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.”).

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