Martinez-Perez v. Gonzales
Martinez-Perez v. Gonzales
Opinion of the Court
MEMORANDUM
Roberto Eusebio Martinez-Perez seeks review of an order of the Board of Immi
We lack jurisdiction to review the discretionary determination that Martinez-Perez failed to show exceptional and extremely unusual hardship to a qualifying relative, see Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003), and Martinez-Perez does not raise a colorable due process claim, 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.”).
We do not consider Martinez-Perez’s contention regarding physical presence because his failure to establish hardship is dispositive.
In his opening brief, Martinez-Perez fails to address, and therefore has waived any challenge to, the determination that he is ineligible for asylum, withholding of removal and CAT relief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.