Hernandez-Leon

Hernandez-Leon v. Gonzales

Good Law
229 F. App'x 615
United States Court of Appeals for the Ninth CircuitApril 27, 2007No. 04-70751California284 words

Opinion

Lead Opinion

MEMORANDUM **

Benita Hernandez-Leon seeks review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) order denying Hernandez-Leon’s application for cancellation of removal. We dismiss in part and grant in part the petition for review, and remand.

We lack jurisdiction to review the IJ’s discretionary determination that Hernandez-Leon 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).

Hernandez-Leon’s contention that the agency deprived her of due process by misapplying the law to the facts of her case does not state 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.”); 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). Hernandez-Leon’s remaining contentions that we have jurisdiction to review the IJ’s finding as to exceptional and extremely…

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