Tula-Tierrablanca

Tula-Tierrablanca v. Keisler

Good Law
249 F. App'x 577
United States Court of Appeals for the Ninth CircuitSeptember 28, 2007Nos. 05-76781, 06-71929California331 words

Opinion

Lead Opinion

MEMORANDUM ***

In these consolidated petitions, Hector Tula-Tierrablanca and Delia Araceli Tula, natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“U”) order denying their applications for cancellation of removal, and the BIA’s order denying their motion to reopen removal proceedings. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . 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). We dismiss the petition for review in No. 05-76781, and deny the petition for review in No. 06-71929.

We lack jurisdiction to review the agency’s discretionary determination that 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). Petitioners’ contentions that the agency failed to follow its own precedent and mis-charac-terized the evidence of hardship 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)…

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