U.S. Court of Appeals for the Ninth Circuit, 2014

Victor Cabrera Rosas v. Eric Holder, Jr.

Victor Cabrera Rosas v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 16, 2014 · McKeown, Wardlaw, Smith
578 F. App'x 735

Victor Cabrera Rosas v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Victor Manuel Cabrera Rosas and Maria Esther Cabrera, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing them appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo constitutional claims and questions of law. 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 petitioners failed to show exceptional and extremely unusual hardship to their qualifying relatives. See id.

Petitioners’ contention that the agency violated due process by disregarding the evaluations regarding their children’s language abilities is not supported by the record and does not amount to a colorable constitutional claim that would invoke our jurisdiction. See id. (traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims).

Petitioners’ contention that the BIA violated due process by reviewing de novo the IJ’s 2004 decision is unavailing. See 8 C.F.R. § 1003.1(d)(3)(h) (granting BIA authority to review de novo questions of law, discretion, and judgment).

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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