Escobedo

Escobedo v. Gonzales

Good Law
195 F. App'x 579
United States Court of Appeals for the Ninth CircuitJuly 28, 2006Nos. 04-73349, 04-74728California365 words

Opinion

Lead Opinion

MEMORANDUM ***

*580 Francisco Padilla Escobedo and Danelia Padilla Ortiz, married natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s denial of cancellation of removal (04-78349) and the BIA’s subsequent order denying their motion to reopen removal proceedings (04-74728). 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 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, 929-30 (9th Cir.2005). The petitioners fail to raise any colorable constitutional challenge to the hardship determination. See id. at 930 . The petitioners’ contention that the BIA erred by streamlining their case is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 852 (9th Cir.2003).

We lack…

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