Marquez

Marquez v. Holder

Good Law
336 F. App'x 743
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-72078California247 words

Opinion

Lead Opinion

MEMORANDUM **

Francisca Cuiltres Marquez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals denying her application for cancellation of removal based on her failure to establish exceptional and extremely unusual hardship to her qualifying relatives.

Petitioner contends that the BIA erred in overturning the immigration judge’s findings concerning extreme hardship to petitioner’s relatives. Petitioner also contends that the BIA violated petitioner’s due process rights by failing to defer to the IJ, placing excessive burden of proof on petitioner to prove hardship to her United States citizen children, and exceeding the scope of its review by making alternate findings of fact.

We lack jurisdiction to review the BIA’s discretionary determination that petitioner failed to demonstrate the requisite hardship to her qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We have jurisdiction to consider constitutional claims, see Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004 (9th Cir.2003), but petitioner has failed to raise a colorable constitutional claim. Contrary to petitioner’s assertion, the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.