Salvador Serratos-Quiroz v. Eric H. Holder Jr.

439 F. App'x 661

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2011
• Docket: 08-75082
• Status: Unpublished

Opinion

MEMORANDUM **

Salvador Serratos-Quiroz, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s (IJ) denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Our review of the record reveals no support for Serratos-Quiroz’s contention that the IJ prejudged his cancellation claim or displayed any bias or animosity toward him. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 925-26 (9th Cir.2007) (acknowledging the agency’s standard for recusal set forth in Matter of Exame, 18 I. & N. Dec. 303, 306 (BIA 1982)).

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

Finally, Serratos-Quiroz’s contention-that his removal would result in the deprivation of his children’s right to remain with their father — does not raise a constitutional claim. See Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1012-13 (9th Cir.2005) (explaining that agency necessarily considers effect of parent’s removal on the interests of the child, and does not act in a manner contrary to Congress’ intent, when evaluating and denying cancellation claim); Salvador-Calleros v. Ashcroft, 389 F.3d 959, 963 (9th Cir.2004) (holding that hardship standard does not violate due process).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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