Amado

Amado v. Gonzales

Good Law
230 F. App'x 750
United States Court of Appeals for the Ninth CircuitApril 30, 2007No. 05-76261California308 words

Opinion

Lead Opinion

MEMORANDUM **

Marisol Amado and Antonio Villanueva seek review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying their applications for cancellation of removal. We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss the petition for review in part and deny in part.

Petitioners’ contention that the agency misapplied the law to the facts of their case does not state a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[Tjraditional 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). Petitioners’ contention that the hardship standard set forth in 8 U.S.C. § 1229b(b)(l)(D) is unconstitutionally vague also fails to state a colorable due process claim. See Martinez-Rosas, 424 F.3d at 930 .

We do not consider Villanueva’s contention regarding physical presence,…

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