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No. 8623964
United States Court of Appeals for the Ninth Circuit
Montiel v. Gonzales
No. 8623964 · Decided August 2, 2006
No. 8623964·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 2, 2006
Citation
No. 8623964
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Victoria Montiel, and her husband Guillermo Cuellar, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying their application for cancellation of removal. We dismiss the petition for review. *500 The petitioners’ contentions that the IJ and BIA acted arbitrarily and "violated their due process rights by selectively weighing and disregarding their evidence and failing to consider all relevant hardship factors, are not supported by the record and do not amount to colorable constitutional claims. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[tjraditional 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 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 ** Victoria Montiel, and her husband Guillermo Cuellar, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decisio
Key Points
01MEMORANDUM ** Victoria Montiel, and her husband Guillermo Cuellar, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decisio
02*500 The petitioners’ contentions that the IJ and BIA acted arbitrarily and "violated their due process rights by selectively weighing and disregarding their evidence and failing to consider all relevant hardship factors, are not supported
03Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”) PETITION FOR REVIEW D
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 ** Victoria Montiel, and her husband Guillermo Cuellar, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decisio
FlawCheck shows no negative treatment for Montiel v. Gonzales in the current circuit citation data.
This case was decided on August 2, 2006.
Use the citation No. 8623964 and verify it against the official reporter before filing.