Villalpando

Villalpando v. Gonzales

Good Law
195 F. App'x 578
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 04-73823California281 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Luis Mena Villalpando and Cecilia Marquez de Mena, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s 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, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and 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 (9th Cir.2005).

*579 Petitioners’ due process claim is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848-53 (9th Cir.2003) (holding that the BIA’s streamlining procedure comports with due process).

Petitioners’ equal protection challenge to the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) is foreclosed by our decision in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.