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No. 8623632
United States Court of Appeals for the Ninth Circuit
De Leon v. Gonzales
No. 8623632 · Decided July 31, 2006
No. 8623632·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 31, 2006
Citation
No. 8623632
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Josué Misael De Leon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We dismiss the petition for review. De Leon’s contention that the IJ’s finding regarding continuous physical presence improperly influenced her finding regarding hardship is not supported by the record and does amount to a colorable due process claim. 1 See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). 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. . Because De Leon's failure to demonstrate the requisite hardship is dispositive, we do not consider whether he established ten years of continuous physical presence. See 8 U.S.C. § 1229b(b)(1); Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003).
Plain English Summary
MEMORANDUM ** Josué Misael De Leon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation o
Key Points
01MEMORANDUM ** Josué Misael De Leon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation o
02De Leon’s contention that the IJ’s finding regarding continuous physical presence improperly influenced her finding regarding hardship is not supported by the record and does amount to a colorable due process claim.
03This 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.
04Because De Leon's failure to demonstrate the requisite hardship is dispositive, we do not consider whether he established ten years of continuous physical presence.
Frequently Asked Questions
MEMORANDUM ** Josué Misael De Leon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for cancellation o
FlawCheck shows no negative treatment for De Leon v. Gonzales in the current circuit citation data.
This case was decided on July 31, 2006.
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