Baltazar Barraza v. Holder

Good Law
328 F. App'x 494
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 05-75910California275 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Del Rosario Baltazar Barraza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Bal-tazar Barraza failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Contrary to Baltazar Barraza’s contention, the IJ’s application of the hardship standard falls within the broad range authorized by statute. See Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004 (9th Cir.2003).

We lack jurisdiction to consider Baltazar Barraza’s claim regarding the IJ’s conduct of her hearing because the issue was not exhausted before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). To the extent Baltazar Barraza now contends that her former attorneys provided ineffective assistance of counsel, we lack jurisdiction to consider…

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