Camacho-Bautista

Camacho-Bautista v. Ashcroft

Good Law
103 F. App'x 141
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 02-72180California273 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Aracely Camacho-Bautista, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of her application for cancellation of removal. We lack jurisdiction to review discretionary decisions, see Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003), and we do not consider discretionary decisions that are simply recast in due process language, see Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir. 2001). We dismiss the petition for review.

Camacho-Bautista contends that the BIA denied her due process by failing to remand the case to the IJ to present evidence under a new standard for “exceptional and extremely unusual hardship” announced in Matter of Recinas, 23 I. & N. Dec. 467 , 2002 WL 31173154 (BIA 2002). This contention is foreclosed by Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1006-07 (9th Cir.2003), and therefore does not raise a colorable due process challenge on these facts. See Torres-Aguilar, 246 F.3d at 1271 (“To be colorable ... the claim must have some possible validity.”).

Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th…

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.