Victor Apreza-Reyes v. Eric H. Holder Jr. , 381 F. App'x 745 ( 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NOT FOR PUBLICATION JUN 04 2010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
VICTOR APREZA-REYES, No. 08-73661
Petitioner, Agency No. A098-177-120
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.
Victor Apreza-Reyes, a native and citizen of Mexico, seeks 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. 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 agency’s discretionary determination that
Apreza-Reyes failed to show exceptional and extremely unusual hardship to his
U.S. citizen child. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d
975, 979 (9th Cir. 2009).
Apreza-Reyes’s contentions, that the IJ failed to properly consider and
weigh all evidence of hardship and that the evidence does not support the IJ’s
finding of no hardship to the U.S. citizen daughter, do not raise a colorable due
process claim. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED.
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