Loza

Loza v. Mukasey

Good Law
262 F. App'x 750
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-73608California260 words

Opinion

lead Opinion

MEMORANDUM **

Cuahutemoc Pacheco Loza and Maria Isabel Pacheco Alfaro, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order summarily affirming the Immigration Judge’s (“IJ”) decision denying their application for cancellation of removal. To the extent we have jurisdiction it is conferred by 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). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that the Petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

*751 The Petitioners’ contention that the hardship standard set forth in 8 U.S.C. § 1229b(b)(l)(D) is unconstitutionally vague, and that the IJ violated their due process rights by disregarding their evidence of their children’s educational hardship if returned to Mexico, does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“traditional abuse…

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