Paiz-Morales

Paiz-Morales v. Gonzales

Good Law
194 F. App'x 447
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-72177California371 words

Opinion

Lead Opinion

MEMORANDUM **

Fram Marildo Paiz-Morales, a native and citizen of Guatemala, and Eunice Paiz, a native and citizen of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for can *448 ceUation 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, deny in part, and remand in part the petition for review.

The petitioners’ contention that the agency deprived them of due process by misapplying the law to the facts of their case does not state a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Sanchez-Cruz, 255 F.3d at 779 (holding that the “misapplication of case law” may not be reviewed). To the extent the contention can be construed to challenge…

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