Sanchez

Sanchez v. Gonzales

Good Law
195 F. App'x 566
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 04-76793California204 words

Opinion

Lead Opinion

MEMORANDUM **

Gilberto Velasco Sanchez and Bertha Arreguin Contreras, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to consider the petitioners’ contention that the IJ denied them due process by excluding their expert’s testimony and written report regarding the neurological condition of their daughter Diana because they failed to exhaust their administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are “procedural in nature” must be exhausted).

The petitioners’ contention that the BIA violated their due process rights by disregarding their evidence is not supported by the record and does not amount to a color-able 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 colorable constitutional claims that would invoke our…

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