Reyes

Reyes v. Gonzales

Good Law
229 F. App'x 566
United States Court of Appeals for the Ninth CircuitApril 24, 2007Nos. 06-70561, 06-72990California429 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Eloy Martinez Reyes, Maria Merced Dominguez Cruz, and their son Eduardo Jose Hureta Dominguez seek review of an order of the Board of Immigra *567 tion Appeals (“BIA”) upholding an immigration judge’s (“U”) order denying their application for cancellation of removal in No. 06-70561. Eduardo Jose Hureta Dominguez also seeks review of the denial of his motion to reopen removal proceedings in No. 06-72990. We review for abuse of discretion the denial of a motion to reopen, see Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review in No. 06-70561, and we deny the petition for review in No. 06-72990.

We lack jurisdiction to review the BIA’s discretionary determination that the petitioners 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). The petitioners’ contention that the BIA’s hardship determination violated due process fails to state a colorable constitutional claim. See…

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