Guzman

Guzman v. Gonzales

Good Law
194 F. App'x 485
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-73420California317 words

Opinion

Lead Opinion

MEMORANDUM ***

Martin Alvarado Guzman and Amparo Alvarado, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ orders affirming without opinion an immigration judge’s (“U”) 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 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 review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

*486 To the extent petitioners contend the IJ violated their due process rights by ignoring a psychological evaluation of their son, the contention is not supported by the record and does not amount to a colorable constitutional claim. See id. at 930 (“[t]raditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke…

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