Laurita Dominguez-Ruiz v. Matthew Whitaker

U.S. Court of Appeals for the Ninth Circuit

Laurita Dominguez-Ruiz v. Matthew Whitaker

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 19 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT LAURITA DOMINGUEZ-RUIZ, No. 15-72587

Petitioner, Agency No. A096-211-064 v.

MEMORANDUM* MATTHEW G. WHITAKER, Acting Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 17, 2018** Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Laurita Dominguez-Ruiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. We dismiss the petition for review.

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

We lack jurisdiction to review the agency’s discretionary determination that Dominguez-Ruiz failed to show exceptional and extremely unusual hardship to her qualifying relatives. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978-79 (9th Cir. 2009). Although the court would retain jurisdiction over colorable questions of law and constitutional claims, the record does not support Dominguez-Ruiz’s contention that the agency failed to apply the correct legal standard where the agency cited to and applied Matter of Recinas, 23 I. & N. Dec. 467 (BIA 2002). See Mendez-Castro, 552 F.3d at 980 (the agency applies the correct legal standard where it expressly cites and applies relevant case law in rendering its decision).

PETITION FOR REVIEW DISMISSED.

2 15-72587

Reference

Status
Unpublished