Gomez-Leal
Gomez-Leal v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Eduardo Gomez-Leal and Maria Leticia Gomez, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“U”) decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part, dismiss in part, and grant in part the petition for review, and remand for further proceedings.
Petitioners’ equal protection challenge to the constitutionality of the Nicaraguan Adjustment and Central American Relief Act is foreclosed by Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002). Their due process contentions fail because petitioners do not show prejudice. See Cano-Merida, 311 F.3d at 965 . We are also not persuaded that the removal of the petitioners would result in the deprivation of their children’s rights. See Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1012-13 (9th Cir.2005).