Perez Gonzalez v. Gonzales

Good Law
135 F. App'x 113
United States Court of Appeals for the Ninth CircuitJune 17, 2005No. 04-71757; Agency No. A95-391-050California291 words

Opinion

Lead Opinion

MEMORANDUM **

Arturo Perez-Gonzalez, a native and citizen of Mexico, petitions for review ot the *114 Board of Immigration Appeals’ summaryaffirmance without opinion of an immigration judge’s denial of his application for cancellation of removal.

Petitioner contends that his due process rights were violated by inadequate translation at his hearing before the immigration judge. Petitioner also contends the IJ erred in denying his application for cancellation of removal based on the determinations that petitioner failed to establish good moral character, or exceptional and extremely unusual hardship to a qualifying United States citizen relative.

Petitioner failed to raise his procedural due process claim of translation problems before the BIA, and we lack jurisdiction to consider a claim where a petitioner has failed to exhaust his available administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004) . We also lack jurisdiction to consider petitioner’s challenge to the IJ’s extreme hardship determination, because it was a discretionary, nonreviewable determination. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Finally, we also lack…

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