Ernesto Orendain v. Eric Holder, Jr.

485 F. App'x 267

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 15, 2012
• Docket: 10-71831
• Status: Unpublished

Opinion

MEMORANDUM **

Luis Arnoldo Cruz, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. 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 Cruz failed to show exceptional and extremely unusual hardship to a qualifying relative. See 8 U.S.C. § 1252(a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).

To the extent Cruz contends that the agency did not apply the legal standard correctly in making its hardship determination, this contention is not supported by the record and does not amount to a color-able constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

PETITION FOR REVIEW DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.