Perez-Velasquez

Perez-Velasquez v. Gonzales

Good Law
196 F. App'x 524
United States Court of Appeals for the Ninth CircuitAugust 3, 2006Nos. 05-70318, 05-72969California369 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Antonio Perez-Velasquez and his wife, Ana Berta Perez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) order denying their application for cancellation of removal, and the BIA’s subsequent order denying their motion to reconsider. To the extent we have jurisdiction, it is *525 conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, see Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and 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 and deny the petitions for review.

We lack jurisdiction to review the BIA’s discretionary determination that Petitioners failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Petitioners’ contention that the BIA violated their equal protection and due process rights is not supported by the record and does not amount to a colorable constitutional claim. See id. (“[t]raditional abuse of discretion challenges recast as…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.