Cortez

Cortez v. Ashcroft

Good Law
104 F. App'x 6
United States Court of Appeals for the Ninth CircuitJune 21, 2004No. 02-74215; Agency No. A76-357-632California301 words

Opinion

Lead Opinion

MEMORANDUM **

Tomas Fuentes Cortez, 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 Fuentes Cortez has demonstrated the requisite “exceptional and extremely unusual hardship” for cancellation of removal, see Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003), as well as whether the BIA improperly streamlined this appeal in which only the hardship element, a discretionary factor, is in dispute, see Falcon Carriche v. Ashcroft, 350 F.3d 845, 852-55 (9th Cir.2003).

Fuentes Cortez’s contention that his due process rights were violated, when the IJ allegedly refused to allow him to present a crucial witness and discounted the medical opinion admitted into evidence, is not supported by the record and therefore does not raise a colorable due process challenge. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (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…

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