Blancas Alcaraz v. Gonzales

Good Law
194 F. App'x 459
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-74589California292 words

Opinion

Lead Opinion

MEMORANDUM **

Arturo Blancas Alcaraz, his wife Irma Blancas, and their two sons, Sergio A. Blancas and Ismael Blancas, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) order 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 constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider petitioners’ contentions that the agency failed to consider certain hardship factors and gave insufficient weight to evidence concerning the health of the two adult petitioners, because the contentions are not supported by the record and do not state colorable constitutional claims. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005); see also Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

Petitioners’ contention that the IJ violated due process by limiting Ismael’s testimony is unavailing, because the proceedings were not “so…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.