Sajche Tecum v. Holder

MEMORANDUM **

Jesus Arcadio Sajche Tecum, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his application for cancellation of removal and denying his motion to reinstate his previously withdrawn application for asylum and to reopen to apply for relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reinstate an asylum application. Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 869 (9th Cir.2003). We review de novo questions of law and due process claims. Ram v. Mukasey, 529 F.3d 1238, 1241 (9th Cir.2008). We dismiss in part, deny in part, and grant in part the petition for review, and remand.

Sajche Tecum’s contentions that the BIA applied an incorrect hardship standard and failed to consider relevant hard *609 ship factors are not supported by the record and do not amount to colorable claims over which we would have jurisdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir.2009).

Sajche Tecum has failed to show that the immigration judge’s (“IJ”) conduct violated his due process rights. The…