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No. 8625580
United States Court of Appeals for the Ninth Circuit
Aviles v. Gonzales
No. 8625580 · Decided November 9, 2006
No. 8625580·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 9, 2006
Citation
No. 8625580
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Maria Eugenia Aviles and Erasmo Vicario Najera, natives and citizens of Mexico and husband and wife, petition for review of the decision of the Board of Immigration Appeals, summarily affirming the immigration judge’s denial of their application for cancellation of removal. We lack jurisdiction to review the IJ’s discretionary determination that petitioners failed to establish exceptional and extremely unusual hardship to their United States citizen child or to female petitioner’s parents. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). We also lack jurisdiction to consider the petitioners’ due process challenge because the contention is not colorable. See id. at *654 930 ; see also Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Maria Eugenia Aviles and Erasmo Vicario Najera, natives and citizens of Mexico and husband and wife, petition for review of the decision of the Board of Immigration Appeals, summarily affirming the immigration judge’s denial o
Key Points
01MEMORANDUM ** Maria Eugenia Aviles and Erasmo Vicario Najera, natives and citizens of Mexico and husband and wife, petition for review of the decision of the Board of Immigration Appeals, summarily affirming the immigration judge’s denial o
02We lack jurisdiction to review the IJ’s discretionary determination that petitioners failed to establish exceptional and extremely unusual hardship to their United States citizen child or to female petitioner’s parents.
03We also lack jurisdiction to consider the petitioners’ due process challenge because the contention is not colorable.
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Maria Eugenia Aviles and Erasmo Vicario Najera, natives and citizens of Mexico and husband and wife, petition for review of the decision of the Board of Immigration Appeals, summarily affirming the immigration judge’s denial o
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This case was decided on November 9, 2006.
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