Rojas

Rojas v. Ashcroft

Good Law
103 F. App'x 270
United States Court of Appeals for the Ninth CircuitJuly 15, 2004Nos. 02-72446, 03-70579California364 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Mora Rojas and his wife, Petra Moreno De Mora, natives and citizens of Mexico, have filed consolidated petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing their appeal from an immigration judge’s (“IJ”) denial of their applications for cancellation of removal, and denying their motion for reconsideration of this dismissal. We lack jurisdiction to review discretionary decisions that are simply recast in due process language, Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001), and we dismiss the petitions for review.

We dismiss petitioners’ contention that the BIA violated their due process rights by applying to their case the “exceptional and extremely unusual” hardship standard enunciated in In re Monrealr-Aguinaga, 23 *271 I. & N. Dec. 56 (BIA 2001), 2001 WL 534295 , because the IJ denied cancellation before Monreal-Aguinaga was issued, when the hardship standard was not yet legally defined. 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…

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