Mundo
Mundo v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Herlindo Palacios Mundo and Concepcion Munoz Ocampo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ decision adopting and affirming an immigration judge’s decision denying their applications for cancel *598 lation of removal for failure to establish that their removal would cause their qualifying relatives exceptional and extremely unusual hardship. They contend that the IJ and BIA deprived them of due process. We deny the petition for review.
Under 8 U.S.C. § 1252 (a)(2)(B)(i), we lack jurisdiction to review the BIA’s and IJ’s discretionary hardship determination. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). We have jurisdiction, however, to consider colorable due process claims. See id. We review constitutional claims de novo. Id. The petitioners must establish that the proceeding was so fundamentally unfair that they were prevented from reasonably presenting their case. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). They also must show prejudice, meaning that “the outcome of the proceeding may have been affected by the alleged violation.” Id.