Rivas

Rivas v. Gonzales

Good Law
227 F. App'x 716
United States Court of Appeals for the Ninth CircuitApril 20, 2007No. 05-75593California296 words

Opinion

Lead Opinion

MEMORANDUM **

Rosalio Rivas seeks review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying his application for cancellation of removal, and an order of the Legalization Appeals Unit (“LAU”) dismissing his appeal as untimely. We have jurisdiction over the LAU’s order pursuant to 8 U.S.C. § 1255a. We review de novo questions of law and due process claims in removal proceedings. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the discretionary determination that Rivas failed to show exceptional and extremely unusual hardship to a qualifying relative, see Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003), and Rivas does not raise a colorable due process claim, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[Traditional abuse of *717 discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).

The LAU properly dismissed Rivas’s appeal as untimely because it was filed more…

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