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

Hermida v. Gonzales

Hermida v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided April 30, 2007 · Bea, Clifton, Graber
230 F. App'x 725

Hermida v. Gonzales

Opinion of the Court

MEMORANDUM **

Marcos Uscanga Hermida seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Uscanga 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).

Uscanga’s contention that the BIA failed to evaluate all the hardship equities is not supported by the record and does not amount to a colorable due process claim. 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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