Maria Barajas v. Eric Holder, Jr.

Good Law
485 F. App'x 266
United States Court of Appeals for the Ninth CircuitOctober 15, 201209-72642, 10-71263California204 words

Opinion

Opinion

MEMORANDUM

In these consolidated petitions for review, Maria J. Barajas petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) removal order, and the BIA’s order denying her motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petitions for review.

We lack jurisdiction to review the agency’s discretionary determination that Ba-rajas failed to show exceptional and extremely unusual hardship to her qualifying relatives, and Barajas does not raise a col-orable due process claim challenging this hardship determination. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009).

We also lack jurisdiction to review the BIA’s denial of Barajas’ motion to reconsider the BIA’s discretionary hardship determination, and Barajas does not raise a colorable due process claim challenging the BIA’s denial. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir.2012) (“[T]he BIA’s denial of the motion to reconsider falls outside the court’s jurisdiction because the court cannot reconsider the discretionary, fact-based determination that petitioners failed to demonstrate the requisite…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.