Recio-Gonzalez

Recio-Gonzalez v. Gonzales

Good Law
204 F. App'x 668
United States Court of Appeals for the Ninth CircuitNovember 15, 2006No. 04-73481California318 words

Opinion

Lead Opinion

MEMORANDUM **

1. We lack jurisdiction to review the IJ’s discretionary decision to deny cancellation of removal for failure to show the requisite hardship. See 8 U.S.C. § 1252 (a)(2)(B)(i); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). To the extent we can review due process challenges, see Martinez-Rosas, 424 F.3d at 930 , we find no colorable constitutional violation. First, the IJ and the cancellation of removal form gave Recio adequate notice of the requirements for cancellation. Second, the IJ fulfilled his obligation to assist Recio in presenting his case. In any event, Recio cannot show prejudice.

2. It is unclear from the administrative record whether the INS properly mailed the Notice of Decision for petitioner’s Seasonal Agricultural Worker (SAW) application to his “last known address.” See 8 C.F.R. § 103.3 (a)(3) (notice requirements for SAW denial); id. § 210.4(d)(3) (requiring, albeit in a different immigration context, that “notice to the alien [be] sent by certified mail directed to his or her last known address”). The INS sent the notice to 1601 S. Park instead of 6001 S. Park, which was petitioner’s current address. Recio originally…

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