Kelberth Dapola v. Eric Holder, Jr.

Good Law
472 F. App'x 848
United States Court of Appeals for the Ninth CircuitMay 17, 201210-71093California145 words

Opinion

MEMORANDUM

Kelberth Antonio Dapola, native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Dapola failed to show exceptional and extremely unusual hardship to his United States citizen children. 8 U.S.C. § 1252 (a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir.2009).

The contention that the Board failed to properly consider and weigh all evidence of hardship does not raise a colorable due process claim. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate For publication and is not precedent except as provided by 9 th Cir. R. 36-3.