Del Cid Rivas v. Mukasey

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) decision dismissing petitioner’s appeal from the denial of cancellation of removal and denying her motion to remand.

We have reviewed the motion to dismiss in part and for summary disposition in part. We conclude that petitioner has failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review with respect to the hardship determination. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir. 2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, respondent’s unopposed motion to dismiss this petition for review for lack of jurisdiction is granted with respect to petitioner’s claims regarding the denial of her application for cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

We also conclude the BIA did not abuse its discretion denying petitioner’s motion to remand. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). The record shows that petitioner withdrew her application…