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No. 8623614
United States Court of Appeals for the Ninth Circuit
Chavez-Quintana v. Gonzales
No. 8623614 · Decided July 28, 2006
No. 8623614·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 28, 2006
Citation
No. 8623614
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jose Luis Chavez-Quintana and Gloria Maria Garcia, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. We dismiss the petition for review. Petitioners’ contention that the IJ violated their due process rights by disregarding a doctor’s testimony concerning their daughter’s intellectual functioning is not a colorable constitutional claim, but rather an argument that the agency abused its discretion in assessing the evidence. 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 color-able constitutional claims that would invoke our jurisdiction.”). 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 ** Jose Luis Chavez-Quintana and Gloria Maria Garcia, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”)
Key Points
01MEMORANDUM ** Jose Luis Chavez-Quintana and Gloria Maria Garcia, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”)
02Petitioners’ contention that the IJ violated their due process rights by disregarding a doctor’s testimony concerning their daughter’s intellectual functioning is not a colorable constitutional claim, but rather an argument that the agency
03Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[traditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).
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 ** Jose Luis Chavez-Quintana and Gloria Maria Garcia, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”)
FlawCheck shows no negative treatment for Chavez-Quintana v. Gonzales in the current circuit citation data.
This case was decided on July 28, 2006.
Use the citation No. 8623614 and verify it against the official reporter before filing.