Velasco-Tapia

Velasco-Tapia v. Gonzales

Good Law
194 F. App'x 432
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-71151California346 words

Opinion

Lead Opinion

MEMORANDUM **

Santiago Velasco-Tapia, 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 IJ’s discretionary determination that Velasco-Tapia failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Velasco-Tapia’s contention that the IJ disregarded evidence of his son’s speech impediment is not supported by the record and does not amount to a colorable constitutional claim. See id. (“[tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

Velasco-Tapia also contends that the IJ violated due process by not allowing him to…

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