Corrales

Corrales v. Mukasey

Good Law
318 F. App'x 471
United States Court of Appeals for the Ninth CircuitNovember 3, 2008Nos. 06-72700, 06-74768California347 words

Opinion

Lead Opinion

MEMORANDUM **

Ponciano Alfonso Ayala Corrales and Maria Elena Ayala-Chaves, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of *472 removal and denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, Ram, v. INS, 243 F.3d 510, 516 (9th Cir.2001) and for abuse of discretion the denial of a motion to reopen, Iturribania v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review in No. 06-72700 and we deny the petition for review in No. 06-74768.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Petitioners’ contention that the BIA violated their due process rights by disregarding their evidence of hardship on appeal is not supported by the record and therefore does not amount to a…

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