Carrillo

Carrillo v. Gonzales

Good Law
195 F. App'x 596
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-72658California250 words

Opinion

Lead Opinion

MEMORANDUM **

Arturo Islas Carrillo and Leticia Dahujan Orozco, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an *597 immigration judge’s (“IJ”) 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, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (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).

We reject petitioners’ contention that the IJ violated due process by excluding a psychologist’s report because petitioners failed to demonstrate that the report would have affected the outcome of the proceedings. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (requiring prejudice to prevail on a due process challenge).

We are not persuaded that the petitioners’ removal will result in…

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