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

Jose Vargas v. Eric H. Holder Jr

Jose Vargas v. Eric H. Holder Jr
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 671

Jose Vargas v. Eric H. Holder Jr

Opinion

MEMORANDUM **

Jose Manuel Vargas and his family, natives and citizens of Mexico, petition pro se *672 for review of the Board of Immigration Appeals’ (“BIA”) order denying their applications for cancellation of removal and denying their motion to remand. 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 BIA’s discretionary determination that petitioners 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). Petitioners’ contentions that the agency applied an incorrect hardship standard and failed to consider relevant hardship factors are not supported by the record and do not amount to colorable claims over which we have jm-isdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).

In their opening brief, petitioners fail to address, and therefore have waived any challenge to, the BIA’s denial of their motion to remand. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).

PETITION FOR REVIEW DISMISSED, in part; DENIED, in part.

**

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

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