Franco
Franco v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Rafael Contreras Franco and Maria S. Contreras, natives and citizens of Mexico, *455 petition pro se for review of the Board of Immigration Appeals’ dismissal of their appeal of an immigration judge’s denial of 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.
We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to demonstrate exceptional and extremely unusual hardship. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Moreover, petitioners’ contention that the agency failed to consider all the evidence presented 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) (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).
Although we have jurisdiction to consider constitutional challenges, petitioners’ equal protection challenge to the availability of “special…