Gomez

MEMORANDUM **

Isai V. Gomez and his wife Alicia Vasquez Gomez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from 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 dismiss in part and deny in part the petition for review.

The petitioners’ contention that the IJ improperly considered Isai V. Gomez’s removal when analyzing whether his wife had shown hardship, does not state a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

The petitioners contend the IJ violated due process by refusing to hear the testimony of a teacher regarding their oldest child’s learning disability. Contrary to the petitioners’ contention, the proceedings were not “so fundamentally unfair that [they] [were] prevented from reasonably presenting [their] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th…