Espinoza

Espinoza v. Holder

Good Law
320 F. App'x 588
United States Court of Appeals for the Ninth CircuitMarch 25, 2009No. 07-72766California204 words

Opinion

Lead Opinion

MEMORANDUM **

Ofelia Arias Espinoza and Tania Fer-nanda Mendez Arias, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See id.

Petitioners’ contention that the agency violated due process by failing to adequately consider their evidence of hardship does not amount to a colorable constitutional claim. See id. (“[TJraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

Petitioners’ contention that the BIA violated due process by failing to address or analyze their case is…

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