Escareno

Escareno v. Holder

Good Law
329 F. App'x 779
United States Court of Appeals for the Ninth CircuitJuly 30, 2009No. 08-70985California285 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Antonio Escareno, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

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

*780 Escareno’s contentions that the BIA failed to consider the hardship evidence cumulatively and disregarded its own precedent are not supported by the record and do not amount to colorable due process claims. See id,.; see also Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir.2009).

Escareno contends the IJ violated due process by excluding certain evidence regarding his son’s medical condition. Contrary to Escareno’s contention, the proceedings were not “so…

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