Mora v. Ashcroft

U.S. Courts of Appeals

Decided July 14, 2003

U.S. Courts of Appeals · decided 2003-07-14

Cited by 1 later decisions (1 by the Supreme Court) — most recently November 2003

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Jesus Torres-Aguilar v. Immigration and Naturalization Service

Good law ✅— No negative treatment on recordhow we know

Decided 2003-07-14

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¶1MEMORANDUM …

¶2Under 8 U.S.C. § 1252(a)(2)(B)®, we do not have jurisdiction to review the BIA’s denial of applications for cancellation of removal unless the petitioner asserts a colorable constitutional claim. Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001). We have repeatedly warned that “a petitioner may not create the jurisdiction that Congress chose to remove simply by cloaking an abuse of discretion argument in constitutional garb.” Id. at 1271. Because the Moras’ due process claim does just that, we dismiss for lack of jurisdiction.

¶3PETITION DISMISSED.

¶4 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.