Villasenor v. Gonzales
Villasenor v. Gonzales
Opinion of the Court
MEMORANDUM
Yadira Guadalupe Villasenor and her daughter Maria del Carmen Montes Villasenor, natives and citizens of Mexico, petition pro se for review of the Board of
We lack jurisdiction to review the agency’s discretionary determination that Villasenor failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir. 2005).
Villasenor’s contention that the agency violated due process by limiting her testimony regarding hardship is not colorable. See id. at 930 (“[tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).
We do not consider Villasenor’s contention regarding physical presence, because her failure to establish hardship is dispositive. See Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir. 2003) (noting that an applicant must establish continuous physical presence, good moral character and hardship to qualify for relief).
With respect to Villasenor’s daughter, she does not challenge the agency’s conclusion that she lacks a qualifying relative. See 8 U.S.C. § 1229b(b)(l)(d).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.