Espinoza

Espinoza v. Gonzales

Good Law
195 F. App'x 572
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 04-75786California278 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Ruiz Espinoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying his 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 Ruiz Espinoza failed to establish exceptional and extremely unusual hardship to his lawful permanent resident parents. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). We do not consider Ruiz Espinoza’s contentions that the IJ abused its discretion by misapplying the law, misinterpreting the standard, and failing to consider all relevant factors, because they are challenges to the hardship determination. See id.

We do not consider Ruiz Espinoza’s remaining challenges to the IJ’s decision, including that there is a disputed factual issue, because he failed to raise…

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