U.S. Court of Appeals for the Ninth Circuit, 2007

Oregon v. Gonzales

Oregon v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided March 16, 2007
225 F. App'x 558

Oregon v. Gonzales

Opinion of the Court

MEMORANDUM **

Federico Lopez Oregon seeks review of an order of the Board of Immigration Appeals upholding an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the discretionary determination that an applicant *559has failed to show exceptional and extremely unusual hardship to a qualifying relative, see Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003), and Oregon does not raise a colorable due process claim regarding the IJ’s hardship determination, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

We do not consider Oregon’s contention regarding the IJ’s finding of possible tax fraud, because his failure to establish hardship is dispositive.

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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