U.S. Court of Appeals for the Ninth Circuit, 2012

Kelberth Dapola v. Eric Holder, Jr.

Kelberth Dapola v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 17, 2012 · Canby, Graber, Smith
472 F. App'x 848

Kelberth Dapola v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Kelberth Antonio Dapola, native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

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

The contention that the Board failed to properly consider and weigh all evidence of hardship does 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 9 th Cir. R. 36-3.

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