U.S. Court of Appeals for the Ninth Circuit, 2006

Diaz-Diaz v. Gonzales

Diaz-Diaz v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided August 2, 2006 · Alarcón, Hawkins, Thomas
195 F. App'x 700

Diaz-Diaz v. Gonzales

Opinion of the Court

MEMORANDUM **

Candido Diaz-Diaz, and his wife Elvia Diaz, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We dismiss the petition for review.

The petitioners’ contentions that the BIA and IJ violated their due process rights by acting arbitrarily, departing from procedure, and disregarding their evidence, are not supported by the record and do not amount to colorable 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.”).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

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