Morales

Morales v. Gonzales

Good Law
195 F. App'x 611
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-75456California210 words

Opinion

Lead Opinion

MEMORANDUM **

Angel Munoz Morales and Alejandra Munoz, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from *612 an immigration judge’s decision denying their application for cancellation of removal. We dismiss 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).

Petitioners’ contention that the agency violated their due process rights by disregarding their daughters’ medical records is not supported by the record and does not amount to a colorable constitutional claim. See id. at 930 (“[tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction”).

Petitioners’ contention that their removal would violate due process by infringing on their right to family unity is unavailing. See Urbano de Malaluan v. INS, 577 F.2d 589, 594 (9th Cir.1978); see also Mamanee v. INS, 566 F.2d 1103, 1106…

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