Man Kyu Pak v. Ashcroft

MEMORANDUM **

Petitioner Man Kyu Pak (“Pak”) seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“U”) decision finding *862 Petitioner ineligible for cancellation of deportation.

Under INA § 244(a)(1), the Attorney General has discretion to grant an application for suspension of deportation if the applicant: (a) has been physically present in the U.S. for at least seven years prior to the application; (b) is of good moral character; and (c) would suffer extreme hardship as the result of deportation. 8 U.S.C. § 1254 (a)(1) (repealed 1996). The IJ determined that Pak had not demonstrated extreme hardship and was ineligible for suspension of deportation. “Extreme hardship” is a discretionary category, Kalaw v. INS, 133 F.3d 1147, 1152 (9th Cir.1997), under which we are “no longer empowered to conduct an ‘abuse of discretion’ review” of the finding. Torres-Aguilar v. INS, 246 F.3d 1267, 1270 (9th Cir.2001).

Pak has also failed to demonstrate that the IJ violated his Fifth Amendment right to a full and fair hearing. We will “grant a petition for review from a BIA decision on due process grounds if the proceeding was so…