Cruz-Herrera

Cruz-Herrera v. Gonzales

Good Law
196 F. App'x 498
United States Court of Appeals for the Ninth CircuitAugust 2, 2006No. 05-71394California357 words

Opinion

Lead Opinion

MEMORANDUM **

Silvia Cruz-Herrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“U”) decision denying her application 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 Cruz-Herrera failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005).

Cruz-Herrera’s contention that the IJ deprived her of due process by failing to consider all the hardship factors in her case does not state a colorable due process claim. See id. at 930 (“[traditional abuse *499 of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”)

We lack jurisdiction to review Cruz-Herrera’s contention that the IJ violated due process…

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