Ola v. Gonzales

MEMORANDUM ** Danilo Atanacio Ola seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying Ola’s application for cancellation of removal. We dismiss the petition for review. We lack jurisdiction to review the BIA’s discretionary determination that Ola failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). Ola’s contention that the agency misapplied the law to the facts of his case does not state 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.”); see also Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001) (holding that the “misapplication of case law” may not be reviewed). We do not consider Ola’s contention regarding moral character, because Ola’s failure to establish hardship is dispositive. We lack jurisdiction to review Ola’s contention that his prior counsel provided him with ineffective assistance because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.