U.S. Court of Appeals for the Ninth Circuit, 2010

Ceja-Garcia v. Holder

Ceja-Garcia v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 19, 2010 · Beezer, Trott, Bybee
362 F. App'x 723

Ceja-Garcia v. Holder

Opinion

MEMORANDUM **

Jose Luis Ceja-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

With respect to adjustment of status, Ceja-Garcia points to no evidence in the record, and we find none, that he requested a further continuance of the August 11, 2003, hearing. We therefore reject Ceja-Garcia’s contention that the IJ abused his discretion in denying a continuance.

With respect to cancellation of removal, we lack jurisdiction to review Ceja-Garcia’s due process claim that the BIA disregarded certain evidence in assessing hardship because the claim is not colorable. 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.”).

PETITION FOR REVIEW DENIED in part, DISMISSED in part.

**

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

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