Lopez-Rivera

Lopez-Rivera v. Mukasey

Good Law
261 F. App'x 940
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-74957California223 words

Opinion

Lead Opinion

MEMORANDUM ***

Maria Del Socorro Lopez-Rivera seeks review of an order of the Board of Immigration Appeals upholding an immigration *941 judge’s (“U”) order denying her application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Lopez-Rivera 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).

Lopez-Rivera’s contention that the IJ violated her due process rights by disregarding her evidence of hardship does not amount to a colorable constitutional claim. 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 colorable constitutional claims that would invoke our jurisdiction.”).

We are not persuaded that Lopez-Rivera’s removal results in the deprivation…

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