Ramos

Ramos v. Gonzales

Good Law
221 F. App'x 615
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 06-72279California230 words

Opinion

Lead Opinion

MEMORANDUM **

Bernardo Martinez Ramos and Maria De Lourdes Ramos Hernandez, husband and wife and natives and citizens of Mexico petition for review of the Board of Immigration Appeals’ decision denying their ap *616 plication for cancellation of removal based on their failure to establish exceptional and extremely unusual hardship to their two United States citizen children.

Petitioners contend that the BIA violated their due process rights by failing to cumulatively weigh the hardship factors that their United States citizen children would experience upon petitioners removal.

We lack jurisdiction to review the BIA’s discretionary determination that petitioners failed to establish exceptional and extremely unusual hardship. See MartinezRosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Although we retain jurisdiction to consider colorable constitutional claims that petitioners may raise, Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004 (9th Cir.2003), petitioners’ contention that the BIA and IJ deprived them of due process by misapplying the law to the facts of this case by not cumulatively weighing the evidence of hardship is not a colorable due process claim. See…

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