Chavez-Gonzalez

Chavez-Gonzalez v. Gonzales

Good Law
184 F. App'x 668
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-72009California273 words

Opinion

Lead Opinion

MEMORANDUM **

Alicia Chavez-Gonzalez, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s order denying her application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review due process claims de novo, see MartinezRosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Chavez-Gonzalez failed to demonstrate “exceptional and extremely unusual hardship.” Id. at 929 (whether an alien demonstrated exceptional and extremely unusual hardship is not reviewable under 8 U.S.C. § 1252 ).

To the extent Chavez-Gonzalez raises a due process challenge to the hardship determination, we lack jurisdiction because her claims are not colorable. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001) (indicating that an applicant may not create the jurisdiction Congress chose to remove simply by cloaking an abuse of discretion argument in constitutional garb).

We do not consider whether…

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