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Vargas-Garcia v. Ashcroft
Citation: 96 F. App'x 536Docket: No. 02-71821, A73-809-614
Court: Court of Appeals for the Ninth Circuit; May 14, 2004; Federal Appellate Court
Eugenio Vargas-Garda, a Mexican national, petitions for review of a Board of Immigration Appeals (BIA) order that upheld the immigration judge's (IJ) denial of his application for cancellation of removal. The court lacks jurisdiction to review the BIA's discretionary finding that Vargas-Garda did not establish the required "exceptional and extremely unusual hardship" as defined by 8 U.S.C. § 1229b(b)(1)(D). Vargas-Garda argues that the BIA violated his due process rights by delaying clarification of the hardship standard for four years and by not remanding his case to the IJ following the new standard set forth in Matter of Monreal. However, the court concludes that his due process claim does not present a colorable challenge, as it lacks potential validity and requires a demonstration of prejudice to succeed. Consequently, the petition for review is dismissed, and the decision is not suitable for publication or citation under Ninth Circuit Rule 36-3.