Recinos

Recinos v. Holder

Good Law
404 F. App'x 173
United States Court of Appeals for the Ninth CircuitNovember 22, 2010Nos. 07-70629, 07-73328California452 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, Randolfo Cabrera Recinos and Gloria Isabel Fajardo, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order reversing the immigration judge’s decision granting cancellation of removal, as well as the BIA’s denial of their motion to reopen. Our jurisdiction is governed by 8 U.S.C. *175 § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of due process violations in immigration proceedings, including ineffective assistance of counsel claims, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss the petition for review in No. 07-70629 and we deny the petition for review in No. 07-73328.

The record does not support petitioners’ contention that the BIA applied the wrong legal standard, and petitioners’ due process and equal protection claims do not amount to colorable constitutional claims. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our…

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