Lopez

Lopez v. Mukasey

Good Law
262 F. App'x 767
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-73547California291 words

Opinion

lead Opinion

MEMORANDUM ***

Manuel Morales Lopez and his wife Graciela Cruz Cruz seek review of an order of *768 the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“U”) order denying them 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).

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 926, 930 (9th Cir.2005) (“[Tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Sanchez-Cruz v. INS, 255 F.3d 775,…

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