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No. 8630883
United States Court of Appeals for the Ninth Circuit
Gallegos v. Gonzales
No. 8630883 · Decided April 30, 2007
No. 8630883·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 30, 2007
Citation
No. 8630883
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Leonardo Lua Gallegos seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) order denying his application for cancellation of removal. We dismiss the petition for review. The BIA adopted and affirmed the entirety of the IJ’s decision, including the IJ’s finding that Gallegos failed to show exceptional and extremely unusual hardship to a qualifying relative. See Abebe v. Gonzales, 432 F.3d 1037, 1039-41 (9th Cir.2005) (where BIA cites Matter of Burbano and does not express disagreement with any portion of IJ’s decision, BIA adopts IJ’s decision in its entirety). We lack jurisdiction to review the discretionary determination that Gallegos failed to show hardship, see Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003), and Gallegos does not raise a colorable due process claim, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[T]raditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”) Because we cannot review the dispositive hardship issue, we need not consider Gallegos’s remaining contentions. 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 ** Leonardo Lua Gallegos seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) order denying his application for cancellation of removal.
Key Points
01MEMORANDUM ** Leonardo Lua Gallegos seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) order denying his application for cancellation of removal.
02The BIA adopted and affirmed the entirety of the IJ’s decision, including the IJ’s finding that Gallegos failed to show exceptional and extremely unusual hardship to a qualifying relative.
03Gonzales, 432 F.3d 1037, 1039-41 (9th Cir.2005) (where BIA cites Matter of Burbano and does not express disagreement with any portion of IJ’s decision, BIA adopts IJ’s decision in its entirety).
04We lack jurisdiction to review the discretionary determination that Gallegos failed to show hardship, see Romero-Torres v.
Frequently Asked Questions
MEMORANDUM ** Leonardo Lua Gallegos seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) order denying his application for cancellation of removal.
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This case was decided on April 30, 2007.
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