Perez-Aguado
Perez-Aguado v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Erasmo Perez-Aguado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. To the extent we have jurisdiction, it is con *635 ferred by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Marbinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We dismiss in part, deny in part and grant in part the petition for review.
We lack jurisdiction to review the IJ’s discretionary determination that Perez-Aguado failed to show exceptional and extremely unusual hardship. See id. at 930 .
Perez-Aguado’s contention that the agency deprived him of due process by misapplying the law to the facts of his case is not colorable. See id. (“[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001) (holding that the “misapplication of case law” may not be reviewed).