Sanchez

Sanchez v. Gonzales

Good Law
185 F. App'x 594
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-74648California449 words

Opinion

Lead Opinion

MEMORANDUM **

The stay previously issued in this case is vacated.

*595 Jaime Vega Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) order denying his application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 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), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Vega Sanchez’s challenge to the IJ’s discretionary determination that he failed to demonstrate exceptional and extremely unusual hardship to his qualifying relatives. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

Vega Sanchez contends the IJ violated his due process rights by using a boilerplate decision. The IJ’s decision indicates she gave Vega Sanchez’s application the required individual determination. Cf. Paramasamy v. Ashcroft, 295 F.3d 1047, 1050-52 (9th Cir.2002)…

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