Jabro-Blasquez

Jabro-Blasquez v. Gonzales

Good Law
230 F. App'x 700
United States Court of Appeals for the Ninth CircuitApril 27, 2007No. 05-70437California287 words

Opinion

Lead Opinion

MEMORANDUM **

Thair Jabro-Blasquez seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“U”) order denying his application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part, grant in part, and remand the petition for review.

We lack jurisdiction to review the agency’s determination that Jabro-Blasquez did not warrant cancellation of removal as a matter of discretion. See 8 U.S.C. § 1252 (a)(2)(B)(i) (the court lacks jurisdiction to review any judgment regarding the discretionary denial of relief under 8 U.S.C. § 1229b); see also Hosseini v. Gonzales, 471 F.3d 953, 956-57 (9th Cir.2006) (explaining “the REAL ID Act does not restore [ ] jurisdiction [where the petitioner] does not argue that the BIA’s discretionary denial was unconstitutional or un *701 lawful.”). Further, Jabro-Blasquez does not raise 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 color-able constitutional claims that would invoke our…

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