Loyola

Loyola v. Gonzales

Good Law
229 F. App'x 627
United States Court of Appeals for the Ninth CircuitApril 27, 2007Nos. 04-75269, 05-70901California356 words

Opinion

Lead Opinion

MEMORANDUM **

Obdulia Loyola, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) decision denying her application for special rule cancellation of removal, and the BIA’s order denying her motion to reconsider that order. We dismiss in part and grant in part the petition for review in No. 04-75269 and we deny the petition for review in No. 05-70901.

We lack jurisdiction to review the agency’s discretionary determination that Loyola 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). Loyola’s contention that the IJ and BIA 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…

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