U.S. Court of Appeals for the Ninth Circuit, 2007

Balbuena v. Gonzales

U.S. Court of Appeals for the Ninth Circuit · Decided June 15, 2007

234 F. App'x 668

Counsel

Michael J. Hernandez, Esq., Ronzio & Associates, Los Angeles, CA, for Petitioners., CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Oil, Stacy S. Paddack, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Lauro Placido Balbuena and Eva Placido seek review of an order of the Board of Immigration Appeals upholding an immigration judge’s order denying their application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the discretionary determination that an applicant has failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003).

We do not consider petitioners’ contention regarding physical presence because their failure to establish hardship is dis-positive.

PETITION FOR REVIEW DISMISSED.

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

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