Lucia Magana-Magana v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUCIA MAGANA-MAGANA, No. 09-70348
Petitioner, Agency No. A098-918-838
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Lucia Magana-Magana, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her 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
Magana-Magana failed to show exceptional and extremely unusual hardship to a
qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th
Cir. 2005). Magana-Magana’s contention that the BIA applied an incorrect
hardship standard is not supported by the record and does not amount to a
colorable legal or constitutional claim over which we have jurisdiction. See
Mendez-Castro v. Mukasey, 552 F.3d 975, 979-80 (9th Cir. 2009).
PETITION FOR REVIEW DISMISSED.
2 09-70348