U.S. Court of Appeals for the Ninth Circuit, 2021

Raul Gavidia-Rodriguez v. Merrick Garland

Raul Gavidia-Rodriguez v. Merrick Garland
U.S. Court of Appeals for the Ninth Circuit · Decided December 16, 2021

Raul Gavidia-Rodriguez v. Merrick Garland

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 16 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RAUL ANTONIO GAVIDIA- No. 19-71651 RODRIGUEZ, Agency No. A200-963-440 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2021** Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges.

Raul Antonio Gavidia-Rodriguez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for

* 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). 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 discretionary determination that Gavidia- Rodriguez did not show exceptional and extremely unusual hardship to a qualifying relative for purposes of cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

The petition does not raise a colorable legal or constitutional claim over which we retain jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas, 424 F.3d at 930.

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DISMISSED.

2 19-71651

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