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No. 8689350
United States Court of Appeals for the Ninth Circuit
De La Cruz v. Mukasey
No. 8689350 · Decided September 22, 2008
No. 8689350·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 22, 2008
Citation
No. 8689350
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Juan Manual Aguirre De La Cruz and his wife, Maria Teresa Aguirre, natives and citizens of Mexico, petition pro se for *294 review of a decision of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying their application for cancellation of removal. We lack jurisdiction to review the discretionary determination that petitioners have failed to show exceptional and extremely unusual hardship to their qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Petitioners’ contention that the IJ and 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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Juan Manual Aguirre De La Cruz and his wife, Maria Teresa Aguirre, natives and citizens of Mexico, petition pro se for *294 review of a decision of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s orde
Key Points
01MEMORANDUM ** Juan Manual Aguirre De La Cruz and his wife, Maria Teresa Aguirre, natives and citizens of Mexico, petition pro se for *294 review of a decision of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s orde
02We lack jurisdiction to review the discretionary determination that petitioners have failed to show exceptional and extremely unusual hardship to their qualifying relatives.
03Petitioners’ contention that the IJ and the BIA failed to adequately consider and weigh all the evidence of hardship does not raise a colorable due process claim.
04(“traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).
Frequently Asked Questions
MEMORANDUM ** Juan Manual Aguirre De La Cruz and his wife, Maria Teresa Aguirre, natives and citizens of Mexico, petition pro se for *294 review of a decision of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s orde
FlawCheck shows no negative treatment for De La Cruz v. Mukasey in the current circuit citation data.
This case was decided on September 22, 2008.
Use the citation No. 8689350 and verify it against the official reporter before filing.