Mejia Salguero v. Holder , 381 F. App'x 754 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SILVERIO MEJIA SALGUERO, No. 07-74243
Petitioner, Agency No. A070-187-256
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
San Francisco, California
Before: CANBY, THOMAS and W. FLETCHER, Circuit Judges.
Silverio Mejia Salguero, a native and citizen of Guatemala, petitions for
review from the Board of Immigration Appeals' summary affirmance of an
immigration judge's denial of his applications for suspension of deportation.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 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 IJ’s discretionary determination that
petitioner failed to demonstrate the requisite hardship. See Kalaw v. INS, 133 F.3d
1147, 1151-52 (9th Cir. 1997). To the extent Salguero raises a due process
challenge to the hardship determination, we lack jurisdiction because the claim is
not colorable. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir. 2001)
(indicating that an applicant may not create the jurisdiction Congress chose to
remove simply by cloaking an abuse of discretion argument in constitutional garb).
We also lack jurisdiction to review the BIA's decision to summarily affirm
the immigration judge’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845,
855 (9th Cir. 2003) (where the issue before the court is nonreviewable, so is the
BIA's decision to summarily affirm).
PETITION FOR REVIEW DISMISSED.