U.S. Court of Appeals for the Ninth Circuit, 2009

Gonzalez v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided March 25, 2009 · Hawkins, Leavy, Tashima

320 F. App'x 611

Counsel

Alejandro Garcia, Law Offices of Alejandro Garcia, Commerce, CA, for Petitioner., CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Karen Y. Stewart, Esquire, Kurt B. Larson, Esquire, Jeffery R. Leist, Stacy Stiffel Paddack, U.S. Department of Justice, Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Ramona Pena Gonzalez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Petitioner failed to show the requisite hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

Petitioner’s contention that the agency deprived her of due process by misapplying the law to the facts of her case does not state a colorable due process claim. See id.

*612Petitioner’s contention that the IJ erred in finding that her husband would accompany her to Mexico is not supported in the record.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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

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