Salvador Lopez-Pena v. Eric Holder, Jr.

Good Law
507 F. App'x 746
United States Court of Appeals for the Ninth CircuitFebruary 13, 201309-73297California188 words

Opinion

Opinion

MEMORANDUM

Gilberto Morales-Santos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 review de novo claims of due process violations. Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir.2012). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Morales-Santos failed to show exceptional and extremely unusual hardship to his qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Morales-Santos’ contention that he was prevented from reasonably presenting his case is not supported by the record and does not present a colorable claim that establishes our jurisdiction. See id.

Morales-Santos’ contention that his case warranted review by a three-member panel of the BIA is unavailing. See 8 C.F.R. § 1003.1 (e)(6).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

This disposition is not appropriate for publication and is not precedent except as provided by…

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.