Morelos-Diaz

Morelos-Diaz v. Gonzales

Good Law
245 F. App'x 662
United States Court of Appeals for the Ninth CircuitAugust 21, 2007No. 05-75547California348 words

Opinion

Lead Opinion

MEMORANDUM **

Abel Morelos-Diaz and Maria Elena Reyes Zarate, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ adoption and affirmance of an immigration judge’s decision denying cancellation of removal for failure to establish exceptional and extremely unusual hardship to the petitioners’ two United States citizen children, as required by 8 U.S.C. § 1229b(b)(l)(D). They contend that they were denied due process when the Board applied an incorrect hardship standard and when the immigration judge misstated the evidence and failed to consider all of the evidence of hardship. We dismiss the petition for review.

Although 8 U.S.C. § 1252 (a)(2)(B)® deprives us of jurisdiction to review the agency’s discretionary hardship determination, we retain jurisdiction to consider colorable due process claims. Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

The petitioners contend that the Board applied an incorrect hardship standard because unlike in the cases it cited, the petitioners’ children are teenagers and one of them had a medical problem not properly treated in Mexico. This is a disagreement with the Board’s application…

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