Contreras-Avina

Contreras-Avina v. Gonzales

Good Law
234 F. App'x 479
United States Court of Appeals for the Ninth CircuitJune 7, 2007No. 06-71177California418 words

Opinion

Lead Opinion

*480 MEMORANDUM **

Manuel Salvador Contreras-Avina and his wife Lucila Contreras, natives and citizens of Mexico, petition for review of separate orders of the Board of Immigration Appeals (“BIA”) adopting and affirming the decision of an immigration judge (“I J”) denying their applications for cancellation of removal, and denying their motion to remand. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the agency’s factual determination of continuous physical presence for substantial evidence. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir. 2004). We review de novo claims of constitutional violations in immigration proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s denial of Mr. Contreras-Avina’s application for cancellation of removal in the exercise of discretion. See 8 U.S.C. § 1252 (a)(2)(B)(i),• Romero-Torres v. Ashcroft, 327 F.3d 887, 889-90 (9th Cir.2003). The petitioners’ contention that the agency deprived them of due process by misapplying the law to the facts of their case does not state a colorable due…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.