Garzon
Garzon v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Elfego Lopez Garzón, 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 his application for cancellation of removal, and the BIA’s order denying his motion to reconsider. We dismiss the petition for review in No. 05-72986 in part and grant in part, and we deny the petition for review in No. 05-74865.
We lack jurisdiction to review the agency’s discretionary determination that Lopez Garzón 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 Lopez Garzon’s contention that the IJ and BIA misapplied the law to the facts of his 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).