Cir.2005), and we deny in part and dismiss in part the petition for review. Fuentes-Soriano’s contention that the IJ refused to allow him to present crucial witnesses is not supported by the record and therefore does not raise a colorable due process claim. See id. (to be color-able, the claim must have some possible validity). Fuentes-Soriano’s contention that the BIA’s summary affirmance of the IJ’s decision violates due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003). We lack jurisdiction to review the discretionary hardship determination, see Martinez-Rosas, 424 F.3d at 930, as well as Fuentes-Soriano’s contention that the agency misapplied relevant case law in making its conclusion, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001) (<HOLDING>). PETITION FOR REVIEW DENIED in part; DISMISSED
holding that the misapplication of case law may not be reviewed holding that a factual sufficiency complaint in a parental termination case may be reviewed even though it was not preserved in the trial court holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal holding that whether consent was valid under the fourth amendment is a question of law to be reviewed de novo holding that misapplication of career offender enhancement in light of intervening case law not a miscarriage of justice because guideline range still within statutory maximum authorized