Ruiz Garcia v. Holder , 380 F. App'x 736 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ADRIAN RUIZ GARCIA, No. 06-71286
Petitioner, Agency No. A075-247-060
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 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Adrian Ruiz Garcia, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for suspension of
deportation. We dismiss the petition for review.
*
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 BIA’s discretionary determination that
Ruiz Garcia failed to make the requisite showing of extreme hardship to be eligible
for suspension of deportation. See Martinez-Rosas v. Gonzales, 424 F.3d 926,
929-30 (9th Cir. 2005); Kalaw v. INS, 133 F.3d 1147, 1151-52 (9th Cir. 1997),
superseded by statute on other grounds as stated in Trejo-Mejia v. Holder, 593
F.3d 913 (9th Cir. 2010). In addition, we lack jurisdiction over Ruiz Garcia’s
contentions that the BIA failed to consider the hardship evidence cumulatively and
disregarded precedent because they are not supported by the record and do not
amount to colorable constitutional claims. See Mendez-Castro v. Mukasey, 552
F.3d 975, 980 (9th Cir. 2009).
PETITION FOR REVIEW DISMISSED.
2 06-71286