Iturriaga

Iturriaga v. Mukasey

Good Law
261 F. App'x 991
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-74636California345 words

Opinion

Lead Opinion

MEMORANDUM ***

J. Jesus Ramos Iturriaga, his wife Minerva Martinez-Rodriguez, and four of their children, seek review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) order denying the parents’ 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, 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 BIA’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).

*992 Petitioners’ contention that the IJ violated their due process rights by disregarding and misinterpreting their evidence of hardship is not supported by the record and does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[T]raditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable…

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