Villalpando

Villalpando v. Mukasey

Good Law
261 F. App'x 987
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-73834California331 words

Opinion

Lead Opinion

MEMORANDUM ***

Ernesto Rangel Villalpando and his wife Maria Del Rosio Ramos Tapia seek review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying their applications 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, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and we review for substantial evidence the agency’s findings of fact regarding qualifying relatives, Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002). We dismiss in part and deny in part the petition for review.

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’ 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 process claim. See Martinez-Rosas v. Gonzales, 424 F.3d *988 926, 930 (9th Cir.2005) (“ [Traditional abuse of discretion challenges recast as…

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