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Salazar v. Mukasey

United States Court of Appeals, Ninth Circuit
Dec 2, 2008
302 F. App'x 622 (9th Cir. 2008)

Opinion

No. 07-71248.

Submitted November 24, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed December 2, 2008.

Meliton Cervantes Salazar, Pomona, CA, for Petitioner.

CAC-District, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Jeffrey L. Menkin, U.S. Department of Justice Civil Division, Washington, D.C., Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A074-793-101.

Before: ALARCÓN, LEAVY and TALLMAN, Circuit Judges.


MEMORANDUM

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


Meliton Cervantes Salazar, a native and citizen of Mexico, petitions pro se for review of a decision of the Board of Immigration Appeals ("BIA") upholding an Immigration Judge's order denying his application for cancellation of removal.

We lack jurisdiction to review the discretionary determination that Salazar failed to show exceptional and extremely unusual hardship to his qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Salazar's contention that the BIA failed to adequately consider and weigh all the evidence of hardship does not raise a colorable due process claim. Id. ("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.


Summaries of

Salazar v. Mukasey

United States Court of Appeals, Ninth Circuit
Dec 2, 2008
302 F. App'x 622 (9th Cir. 2008)
Case details for

Salazar v. Mukasey

Case Details

Full title:Meliton Cervantes SALAZAR, Petitioner, v. Michael B. MUKASEY, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 2, 2008

Citations

302 F. App'x 622 (9th Cir. 2008)