Luz

Luz v. Gonzales

Good Law
192 F. App'x 636
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-72066California267 words

Opinion

Lead Opinion

*637 MEMORANDUM **

Aurelio Montiel De La Luz and his wife Gloria Juarez de Montiel, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ decision affirming the immigration judge’s denial of their applications for cancellation of removal.

We lack jurisdiction to consider the petitioners’ challenge to the agency’s discretionary determination that the male petitioner 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). To the extent petitioners raise a due process challenge to the hardship determination, we lack jurisdiction because the claim is 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).

The female petitioner contends that the BIA erred in concluding that she failed to establish ten years of continuous residence necessary to qualify for cancellation of…

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