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

Rios De Perez v. Gonzales

U.S. Court of Appeals for the Ninth Circuit · Decided April 23, 2007

229 F. App'x 480

Counsel

Walter Rafael Pineda, Esq., Law Offices of Walter Rafael Pineda, San Francisco, CA, for Petitioner., Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Nora Magdalena Rios de Perez seeks review of the Board of Immigration Appeals’ (“BIA”) order upholding an immigration judge’s order denying Rios de Perez’s application for cancellation of removal. We dismiss the petition for review.

*481We lack jurisdiction to review the BIA’s discretionary determination that Rios de Perez 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). We lack jurisdiction to review Rios de Perez’s due process claim because it is not colorable. 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”).

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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