Ceron

Ceron v. Gonzales

Good Law
139 F. App'x 860
United States Court of Appeals for the Ninth CircuitJuly 15, 2005No. 04-72846California267 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Zacarías Cerón and his wife, Magdalena Lopez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ”) denial of their applications for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review whether petitioners have demonstrated the requisite “exceptional and extremely unusual hardship” for cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). We also lack jurisdiction to review 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, 854 (9th Cir.2003).

Petitioners’ contention that their due process rights were violated when the IJ allegedly refused to allow them to present a crucial witness, and assumed facts not in 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…

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