Bolanos

Bolanos v. Gonzales

Good Law
229 F. App'x 630
United States Court of Appeals for the Ninth CircuitApril 27, 2007Nos. 04-76631, 05-72520California300 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners, Jorge Lara Bolanos and Norma Isabel Garcia, husband and wife, seek review of the Board of Immigration Appeals’ (“BIA”) order upholding the immigration judge’s decision to deny their application for cancellation of removal and denying their motion to reopen removal proceedings. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . 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). We dismiss the petition for review in No. 04-76631 and we deny the petition for review in No. 05-72520.

We lack jurisdiction to review the BIA’s discretionary determination that 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).

Petitioners’ contention that the BIA violated their due process rights by disregarding their evidence of hardship is not supported by the record and does not amount to a colorable constitutional 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…

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