Plancarte

Plancarte v. Gonzales

Good Law
195 F. App'x 569
United States Court of Appeals for the Ninth CircuitJuly 28, 2006Nos. 04-76318, 05-71440California402 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Chavez Planearte and Matilda Bernabe Rodriguez, native and citizens of *570 Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) order denying their application for-cancellation of removal (04-76318), and the BIA’s subsequent order denying their motion to reopen proceedings (05-71440). 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. Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). We dismiss in part, and deny in part the petitions for review.

We lack jurisdiction to review the IJ’s discretionary determination that the petitioners failed to establish exceptional and extremely unusual hardship to their United States citizen children. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005).

We also lack jurisdiction to consider the petitioners’ contentions that the IJ’s factual findings were not supported by substantial evidence or that the IJ violated their due process rights, because the petitioners did not raise these issues before the BIA. See Barron v.…

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