Rios

Rios v. Gonzales

Good Law
192 F. App'x 663
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-72453California265 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Elena Gallegos Rios, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ adopting and affirming, with additions, an immigration judge’s decision denying her application for cancellation of removal. She contends that the immigration judge denied her due process by improperly disregarding uncontested evidence of the hardship that her United States citizen child would suffer if she were removed to Mexico. We deny the petition for review.

Respondent contends that we lack jurisdiction over the petition for review because, pursuant to 8 U.S.C. § 1252 (a)(2)(B)®, we lack jurisdiction to review the Board’s discretionary determination that Gallegos Rios did not demonstrate sufficient hardship under 8 U.S.C. *664 § 1229b(b)(l)(D). We do not have jurisdiction to review this discretionary determination. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We do, however, have jurisdiction to review colorable due process claims. See id.

Gallegos Rios contends that the immigration judge denied her due process by-giving insufficient weight to hardship evidence, including a psychological report. As the Board concluded, the…

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