Avila-Ocampo

Avila-Ocampo v. Gonzales

Good Law
194 F. App'x 428
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-70554California296 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Avila-Ocampo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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 Avila-Ocampo failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). Avila-Ocampo’s contention that the agency deprived him of due process by finding that he failed to establish exceptional and extremely unusual hardship does not state a colorable due process claim. See id. at 930 (9th Cir.2005) (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).

Avila-Ocampo’s contentions that the case…

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