Rigoberto Cruz-Azpetia v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Rigoberto Cruz-Azpetia v. Loretta E. Lynch, 672 F. App'x 715 (9th Cir. 2016)
Wallace, Leavy, Fisher

Rigoberto Cruz-Azpetia v. Loretta E. Lynch

Opinion

MEMORANDUM **

Rigoberto Cruz-Azpetia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo constitutional claims and questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Cruz-Azpetia failed to show the requisite exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

Cruz-Azpetia’s contentions that the BIA violated due process or erred by allegedly failing to properly apply the correct legal standard in its hardship analysis, neglecting relevant precedent, or ignoring arguments are not supported by the record. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (BIA need not “write *716 an exegesis on every contention” (citation and quotation marks omitted)); Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009) (concluding that the BIA applies the correct legal standard where it expressly cites and applies relevant ease law in rendering its decision); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on due process claim).

In light of this disposition, we do not reach Cruz-Azpetia’s remaining contentions regarding good moral character. See 8 U.S.C. § 1229b(b)(1); Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the court need not reach a contention when another dispositive determination has been made).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Rigoberto CRUZ-AZPETIA, AKA Rigoberto Azpetia-Cruz, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished