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NOT FOR PUBLICATION JAN 04 2010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