Albino-Lopez
Albino-Lopez v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Pedro Albino-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal for legal permanent residents, and denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the discretionary denial of cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)®. Albino-Lopez’s contentions that the agency violated his due process rights by crediting the smugglee’s Record of Sworn Statement and by determining that Albino-Lopez was not fully candid with the immigration court do not amount to color-able constitutional claims. 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.”).