Aguilar-Uriarte

Aguilar-Uriarte v. Gonzales

Good Law
193 F. App'x 693
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-71391California272 words

Opinion

Lead Opinion

MEMORANDUM **

Maria De Lourdes Aguilar-Uriarte, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing and appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Aguilar-Uriarte failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). To the extent AguilarUriarte asserts a due process claim based on the allegation that the BIA failed to address each of her arguments on appeal, she does not state a colorable due process claim. See id.

We lack jurisdiction to review AguilarUriarte’s contention that the IJ was biased because she failed to raise that issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges…

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