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

Garcia-Rodriguez v. Holder

Garcia-Rodriguez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 21, 2010 · Goodwin, Wallace, Clifton
361 F. App'x 766

Garcia-Rodriguez v. Holder

Opinion

MEMORANDUM **

Cristobal Acosta-Ariega and Maria Zepeda-Zaragoza, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. We dismiss the petition for review.

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

Petitioners’ contention that the agency deprived them of due process by misapplying the law to the facts of their case does not state a colorable due process claim. See id. (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir. 2001) (holding that the “misapplication of case law” may not be reviewed).

Petitioners’ remaining contention is unavailing.

PETITION FOR REVIEW DISMISSED.

**

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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