Delgado

Delgado v. Holder

Good Law
351 F. App'x 190
United States Court of Appeals for the Ninth CircuitNovember 2, 2009Nos. 06-72713, 06-75607California361 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Lorena Gonzalez Delgado, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying her application for cancellation of removal and the BIA’s order denying her motion to reopen. We dismiss in part and deny in part the petitions for review.

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

Gonzalez Delgado’s contention that the agency deprived her of due process by misapplying the law to the facts of her case does not state a colorable due process claim. See id. (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”); see also Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir. 2001) (holding that the “misapplication of case law” may not be reviewed).

Contrary to Gonzalez Delgado’s contention, the agency’s interpretation…

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