Ola

Ola v. Gonzales

Good Law
229 F. App'x 652
United States Court of Appeals for the Ninth CircuitApril 27, 2007No. 05-75055California243 words

Opinion

Lead Opinion

MEMORANDUM **

Danilo Atanacio Ola seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying Ola’s application for cancellation of removal. We dismiss the petition for review.

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

Ola’s contention that the agency 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) (“[T]raditional 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).

We do not consider Ola’s contention regarding moral character, because Ola’s failure to establish hardship is dispositive.

We lack jurisdiction to review Ola’s contention that his prior counsel provided him with ineffective assistance…

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