Valencia-Arroyo

Valencia-Arroyo v. Gonzales

Good Law
195 F. App'x 581
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 04-71408California444 words

Opinion

Lead Opinion

MEMORANDUM **

Julian Valencia-Arroyo, Virginia Corona-Valencia, Maria Delores Valencia-Corona, and Antonio Valencia-Corona, 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 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 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 Julian failed to establish exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). The petitioners’ contention that the IJ failed to consider all evidence submitted when assessing hardship is not supported by the record and does not amount to a colorable due process challenge. See id. at 930 .

The petitioners’ equal protection challenge to the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) is…

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