Dicdican
Dicdican v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Petitioners Hilario Villaniso Dicdican and Crispina Tibon Dicdican, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review claims of due process violations in immigration proceedings de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we dismiss in part, and deny in part the petition for review.
Petitioners’ contention that the BIA’s streamlining process denies aliens their right to appeal is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 854-55 (9th Cir.2003).
Petitioners’ contention that the BIA denied them due process by failing to remand the case to the IJ to apply the standard for “exceptional and extremely unusual hardship” announced in In re Monreal-Aguinaga, 23 I. & N. Dec. 56 , 2001 WL 534295 (BIA 2001) and In re Andazola-Rivas, 23 I & N Dec. 319 , 2002 WL 1001048 (BIA 2002) also fails. This argument is foreclosed by Ramirez-Perez v. Ashcroft, 336 F.3d 1001 (9th Cir.2003), and does not raise a…