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No. 8645026
United States Court of Appeals for the Ninth Circuit
Ashraf v. Keisler
No. 8645026 · Decided November 2, 2007
No. 8645026·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 2, 2007
Citation
No. 8645026
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** Mohammed Ashraf seeks review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying Ashraf s application for cancellation of removal. We dismiss the petition for review. *661 We lack jurisdiction to review the discretionary determination that an applicant has failed to show exceptional and extremely unusual hardship to a qualifying relative, see Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003), and Ashraf does not raise a colorable due process claim, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Kumar v. Gonzales, 439 F.3d 520, 523-24 (9th Cir.2006) (noting that violation of agency regulations reviewed for harmless error); Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000) (recognizing that alleged procedural defects in immigration proceedings do not rise to level of due process violation absent a showing of prejudice). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** Mohammed Ashraf seeks review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying Ashraf s application for cancellation of removal.
Key Points
01MEMORANDUM *** Mohammed Ashraf seeks review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying Ashraf s application for cancellation of removal.
02*661 We lack jurisdiction to review the discretionary determination that an applicant has failed to show exceptional and extremely unusual hardship to a qualifying relative, see Romero-Torres v.
03Ashcroft, 327 F.3d 887, 892 (9th Cir.2003), and Ashraf does not raise a colorable due process claim, see Martinez-Rosas v.
04Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Kumar v.
Frequently Asked Questions
MEMORANDUM *** Mohammed Ashraf seeks review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying Ashraf s application for cancellation of removal.
FlawCheck shows no negative treatment for Ashraf v. Keisler in the current circuit citation data.
This case was decided on November 2, 2007.
Use the citation No. 8645026 and verify it against the official reporter before filing.