Monge-Martinez

Monge-Martinez v. Holder

Good Law
328 F. App'x 514
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 07-74734California289 words

Opinion

Lead Opinion

MEMORANDUM **

Rufino Monge-Martinez and Yolanda Navarro-Catalan, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing them appeal from an immigration judge’s (“IJ”) decision denying them applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000), and 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 establish exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

We are not persuaded by petitioners’ contention that the agency violated due process because the proceedings were not “so fundamentally unfair that [petitioners were] prevented from reasonably presenting [their] case.” See Colmenar, 210 F.3d at 971 (internal quotation marks and citation omitted).

Moreover, petitioners failed to demonstrate that additional evidence would have affected the outcome of the proceedings. See id. (requiring prejudice…

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