U.S. Court of Appeals for the Ninth Circuit, 2010

Portillo v. Holder

Portillo v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 4, 2010 · Canby, Thomas, Fletcher
381 F. App'x 747

Portillo v. Holder

Opinion

MEMORANDUM ***

Jorge Martin Valdivieso Calderon and Maria Luisa Esquivel Reyes, natives and *748 citizens of Mexico, seek review of a Board of Immigration Appeals order dismissing their appeal from an immigration judge’s (IJ) denial of their application for cancellation of removal. We dismiss the petition for review.

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

Petitioners’ contentions, that the Board failed to properly consider and weigh all evidence of hardship or consider the IJ’s alleged failure to properly evaluate the evidence because the Board did not specifically address petitioners’ contentions in its decision, do 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 9th Cir. R. 36-3.

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