Mendoza

Mendoza v. Gonzales

Good Law
193 F. App'x 713
United States Court of Appeals for the Ninth CircuitJuly 28, 2006Nos. 04-76478, 04-76481California294 words

Opinion

Lead Opinion

MEMORANDUM ***

Carlos Alberto Mendoza and Vidalina Arana-Cabrera, husband and wife and natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

To the extent petitioners contend they were denied due process because the IJ’s decision was improperly influenced by their illegal entry into the United States, the contention is not supported by the record and does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

To the extent petitioners contend they were denied due process because the IJ failed to continue the hearing so that petitioners’ pastor could appear and testify, the contention is not a colorable constitutional claim, given that no continuance was requested. See id.

We lack jurisdiction to review petitioners’ contention that the IJ erred in not admitting into evidence unidentified medical reports concerning…

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