Leiva

Leiva v. Gonzales

Good Law
137 F. App'x 960
United States Court of Appeals for the Ninth CircuitJune 28, 2005No. 04-70728California302 words

Opinion

Lead Opinion

MEMORANDUM ***

Albertico Falcon Leiva and his wife Beatriz Adriana Falcon, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“Board”) summary affirmance without opinion of an immigration judge’s (“U”) denial of their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary denial of cancellation of removal. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). Petitioners do not raise a colorable due process challenge to that denial. We therefore lack jurisdiction over this portion of the petition for review. Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001).

Petitioners’ equal protection challenge to the Nicaraguan and Central American Relief Act (“NACARA”) is foreclosed by our decision in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“Congress’s decision to afford more favorable treatment to certain aliens ‘stems from a rational diplomatic decision to encourage such aliens to remain in the United States’ ”). Petitioners’ due process challenge…

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