Golo

Golo v. Ashcroft

Good Law
111 F. App'x 948
United States Court of Appeals for the Ninth CircuitOctober 26, 2004No. 03-70127California537 words

Opinion

Lead Opinion

MEMORANDUM **

Germain Golo, a native and citizen of the Ivory Coast, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) denial of his application for suspension of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), partial jurisdiction is conferred by 8 U.S.C. § 1105a(a). We review de novo questions of law and due process claims in deportation proceedings. Rod riguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We dismiss in part, and deny in part the petition for review.

Petitioner’s contention that the IJ applied the incorrect standard for “extreme hardship” fails because he does not raise a colorable due process challenge on these facts, see Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001) (“To be colorable ... the claim must have some possible validity”). To the extent Petitioner seeks to directly challenge the IJ’s hardship finding, we lack jurisdiction over his claim because the IJ’s determination involves an exercise of discretion not subject to judicial review. See Kalaw, 133 F.3d at 1152 .

Petitioner’s contention that the IJ violated his due…

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