Martinez

Martinez v. Gonzales

Good Law
224 F. App'x 730
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 05-71923California257 words

Opinion

Lead Opinion

MEMORANDUM **

Husband and wife Manolita and Susan Martinez seek review of the order of the Board of Immigration Appeals upholding an immigration judge’s (“IJ”) order denying their applications for cancellation of removal. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Petitioners’ contentions that the IJ deprived them of due process by improperly weighing evidence and misapplying the law do not state a colorable claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“[t]raditional 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).

Petitioners contend the IJ’s conduct evinced hostility and a predisposition to deny their applications. Our review of the record, however, does not show…

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