Rivera

Rivera v. Gonzales

Good Law
234 F. App'x 485
United States Court of Appeals for the Ninth CircuitJune 7, 2007Nos. 06-70161, 06-71751California410 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Jose Antonio Arroyo Rivera and his wife Maria Flavia Arroyo seek review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) order denying their applications for cancellation of removal, and the BIA’s order denying their motion to reopen removal proceedings. We dismiss the petitions for review.

We lack jurisdiction to review the agency’s discretionary determination that the petitioners 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). The petitioners’ contentions that the BIA failed to consider all relevant hardship evidence, failed to adequately review the IJ’s decision and failed to adequately explain its December 13, 2005 decision are not supported by the record and do not amount to colorable due process claims. 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 jurisdiction.”).

The evidence the…

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