Maria Jimenez-Castro v. ERIC H. HOLDER Jr., Attorney General

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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA JIMENEZ-CASTRO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74160
Agency No. A077-223-087
MEMORANDUM *
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
FILED
JAN 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.

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