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

Claudia Ruiz-Barajas v. Eric H. Holder Jr.

Claudia Ruiz-Barajas v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 24, 2010 · Silverman, Callahan, Smith
396 F. App'x 449

Claudia Ruiz-Barajas v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Claudia Isabel Ruiz-Barajas, 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. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Ruiz-Barajas 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).

Ruiz-Barajas’ contentions that the agency disregarded her evidence of hardship and did not consider the evidence in the aggregate are not supported by the record and do not amount to colorable constitutional claims. See id. at 930.

We lack jurisdiction to review Ruiz-Ba-rajas’ contentions that the IJ applied an improper legal standard and used an improper factor in the hardship analysis because she failed to exhaust those claims before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000).

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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