Jimenez-Castro v. Holder

FILED NOT FOR PUBLICATION JAN 04 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA JIMENEZ-CASTRO, No. 07-74160 Petitioner, Agency No. A077-223-087 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Maria Jimenez-Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her applications for cancellation of removal and * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). NHY/Research voluntary departure as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the agency’s determination that Jimenez- Castro did not merit cancellation of removal or voluntary departure as a matter of discretion. See 8 U.S.C. § 1252(a)(2)(B); see also Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir. 2002). Jimenez-Castro’s contention that the IJ violated her due process rights by treating her arrests for alien smuggling as criminal convictions is not supported by the record and does not amount to a colorable constitutional 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.”). PETITION FOR REVIEW DISMISSED. NHY/Research 2 07-74160