Villasenor

Villasenor v. Gonzales

Good Law
194 F. App'x 452
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-76544California273 words

Opinion

Lead Opinion

MEMORANDUM **

Yadira Guadalupe Villasenor and her daughter Maria del Carmen Montes Villasenor, natives and citizens of Mexico, petition pro se for review of the Board of *453 Immigration Appeals’ (“BIA”) orders dismissing their appeals from an immigration judge’s decision denying their applications 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, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Villasenor failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005).

Villasenor’s contention that the agency violated due process by limiting her testimony regarding hardship is not colorable. See id. at 930 (“[tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).

We do not consider Villasenor’s contention regarding physical…

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