194 F. App'x 435

Adrian PICHARDO-CRUZ; Olivia Urbina-Leon, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-71363.

United States Court of Appeals, Ninth Circuit.

Submitted July 24, 2006.*

Decided July 28, 2006.

Adrian Pichardo-Cruz, San Jose, CA, pro se.

Olivia Urbina-Leon, San Jose, CA, pro se.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Richard M. Evans, Esq., Nancy E. Friedman, Esq., DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: ALARCÓN, HAWKINS, and THOMAS, Circuit Judges.

MEMORANDUM **

Adrian Pichardo-Cruz and Olivia Urbina-Leon, married natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order dis*436missing 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 the petitioners failed to show exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). To the extent the petitioners contend they were denied due process because the agency improperly weighed and disregarded evidence, the contention is not supported by the record and does not amount to a colorable constitutional claim. See id. at 930 (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

PETITION FOR REVIEW DISMISSED.

Pichardo-Cruz v. Gonzales
194 F. App'x 435

Case Details

Name
Pichardo-Cruz v. Gonzales
Decision Date
Jul 28, 2006
Citations

194 F. App'x 435

Jurisdiction
United States

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