Martinez-Lopez

Martinez-Lopez v. Holder

Good Law
320 F. App'x 650
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 07-74706California268 words

Opinion

Lead Opinion

MEMORANDUM **

Alberto Martinez-Lopez and Maria Teresa Martinez, natives and citizens of Mexico, petition for review of a Board of Immigration Appeals decision dismissing their appeal of an immigration judge’s denial of their application for cancellation of removal, based on the failure to establish an exceptional and extremely unusual hardship to their United States citizen children and Martinez’s United States citizen mother. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 . We review legal and constitutional issues de novo, including due process claims. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005); Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

*651 We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. 8 U.S.C. § 1252 (a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir.2009). Petitioners’ contention that the Board failed to adequately consider and weigh all evidence of hardship does not raise a colorable due process claim. Martinez-Rosas, 424 F.3d at…

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