Anguiano-Reyes
Anguiano-Reyes v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Cesar Anguiano-Reyes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We dismiss the petition for review.
We lack jurisdiction to review the IJ’s discretionary determination that Anguiano-Reyes failed to demonstrate the requisite “exceptional and extremely unusual hardship” pursuant to 8 U.S.C. § 1229b(b)(1)(D). See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir. 2005).
Anguiano-Reyes’s claim that the BIA violated his due process rights by failing to address his motion to reopen is not colorable, because any deficiency in the BIA’s October 15, 2004 decision was cured by its December 13, 2004 decision, in which it ruled on Anguiano-Reyes’s motion to reopen. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001) (“To be colorable ... the claim must have some possible validity”) (internal quotation marks and citation omitted); Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999) (“Due process challenges to deportation proceedings require a showing of prejudice to succeed.”).