Garcia

Garcia v. Gonzales

Good Law
225 F. App'x 551
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 05-71447California302 words

Opinion

Lead Opinion

MEMORANDUM **

Husband and wife Petronilo Cruz Garcia and Consuelo Gomez Roman and Petroni-lo’s children Fredy, Jazmin and Hector Cruz Mendez seek review of the orders of the Board of Immigration Appeals (“BIA”) 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 the adult 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), and petitioners do not raise a colorable due process claim, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

We lack jurisdiction to review petitioners’ contention that the IJ denied them a full and fair hearing because they failed to raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are “procedural in nature” must be…

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