Ortiz

Ortiz v. Gonzales

Good Law
233 F. App'x 682
United States Court of Appeals for the Ninth CircuitMay 24, 2007Nos. 05-73490, 05-76686California490 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Barron Ortiz seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying his application for cancellation of removal and the BIA’s order denying his motion to reopen proceedings. We review the denial of a motion to reopen for abuse of discretion, see Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and 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 in part and deny in part the petition for review in No. 05-73490 and we deny the petition for review in No. 05-76686.

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

Ortiz contends the IJ violated due process by not allowing his expert to testify. Contrary to Ortiz’s contention, he was not “prevented from reasonably presenting his case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (citation omitted). Moreover, Ortiz failed to demonstrate that additional testimony would have…

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