Garcia

Garcia v. Gonzales

Good Law
194 F. App'x 471
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-72085California360 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Del Carmen Santoyo Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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 Santoyo Garcia failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Accordingly we do not consider Santoyo Garcia’s contentions that the IJ abused her discretion in considering the *472 evidence and applying the hardship standard. See id. (“[tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).

Santoyo Garcia also contends that the IJ violated due process by her hostile and abusive…

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