Rios

Rios v. Gonzales

Good Law
178 F. App'x 653
United States Court of Appeals for the Ninth CircuitApril 26, 2006No. 03-74332California278 words

Opinion

lead Opinion

MEMORANDUM ****

Eduardo Santamaría Rios (“Rios”) and his wife Beatriz Santamaría Sanchez (“Mrs.Rios”), married natives and citizens of Mexico, petition for review from the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) denial of their application for cancellation of removal. We have partial jurisdiction under 8 U.S.C. § 1252 . We review constitutional claims de novo. Tovar-Lan-din v. Ashcroft, 861 F.3d 1164, 1166 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Petitioners’ contention that the BIA erred in denying their application for cancellation of removal based on the discretionary finding that they failed to demonstrate 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”).

Petitioners’ contention that their due process rights were violated due to faulty translation fails because Petitioners do not provide any…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.