Daniel Jaimes-Reyes v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DANIEL JAIMES-REYES, No. 10-71169
Petitioner, Agency No. A095-747-163
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN and FISHER, Circuit Judges.
Daniel Jaimes-Reyes, 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
*
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). Accordingly, we deny
petitioner’s request for oral argument.
is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition
for review.
We lack jurisdiction to review the agency’s discretionary determination that
Jaimes-Reyes 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).
Jaimes-Reyes contends the IJ violated due process by refusing to admit into
evidence a psychological evaluation submitted on the day of the hearing. Contrary
to Jaimes-Reyes’s contention, the proceedings were not “so fundamentally unfair
that [he] was prevented from reasonably presenting [his] case.” Colmenar v. INS,
210 F.3d 967, 971 (9th Cir. 2000) (citation omitted). Moreover, Jaimes-Reyes
failed to demonstrate that the additional evidence would have affected the outcome
of the proceedings. See id. (requiring prejudice to prevail on a due process
challenge).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 10-71169