Nava-Valdez

Nava-Valdez v. Gonzales

Good Law
177 F. App'x 727
United States Court of Appeals for the Ninth CircuitApril 25, 2006No. 04-70216California331 words

Opinion

lead Opinion

MEMORANDUM ****

Victor Nava-Valdez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal’s (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have partial jurisdiction under 8 U.S.C. § 1252 . We review constitutional claims de novo. Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1166 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider NavaValdez’s contention that the BIA erred in denying his application for cancellation of removal based on the discretionary finding that he failed to show exceptional and extremely unusual hardship. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003) (holding that the court lacks jurisdiction “to review the BIA’s discretionary determination that an alien failed to satisfy the ‘exceptional and extremely unusual hardship’ requirement for cancellation of removal”).

Nava-Valdez’s contention that the IJ violated his due process rights by denying him a full and fair hearing by an impartial adjudicator fails because he did not present evidence on the record to demonstrate that the IJ…

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