Milagros Mondragon-Ocampo v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Milagros Mondragon-Ocampo v. Eric Holder, Jr., 552 F. App'x 764 (9th Cir. 2014)

Milagros Mondragon-Ocampo v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Milagros Mondragon-Ocampo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s denial of her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Mon-dragon-Ocampo failed to show exceptional and extremely unusual hardship to her United States citizen children. See id. at 930. Mondragon-Ocampo’s contention that the agency violated due process by misapplying the law to the facts of her case and misconstruing evidence of hardship is not supported by the record and does not state a colorable due process claim that would invoke our jurisdiction. See id. (“traditional abuse of discretion *765 challenges recast as alleged due process violations do not constitute colorable constitutional claims”); see also Mendez-Castro v. Mukasey, 552 F.Sd 975, 980-81 (9th Cir. 2009) (this court lacks jurisdiction to review application of the exceptional and extremely unusual hardship standard to the facts of a case, “be they disputed or otherwise”).

Mondragon-Ocampo’s contention that the BIA used the wrong standard of review and engaged in de novo fact finding is belied by the record. See 8 C.F.R. § 1003.1(d)(3)(i)-(ii); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and prejudice to prevail on a due process claim).

Mondragon-Ocampo’s remaining contentions are unpersuasive.

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.

Reference

Full Case Name
Milagros MONDRAGON-OCAMPO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished