Mirna Vazquez Vital v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION SEP 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MIRNA IRENE VAZQUEZ VITAL, No. 08-72189
Petitioner, Agency No. A075-763-039
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Mirna Irene Vazquez Vital, 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 (“IJ”) decision denying her application for
*
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).
cancellation of removal. Our jurisdiction 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
Vazqez Vital failed to show exceptional and extremely unusual hardship to her
qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th
Cir. 2005).
Vazquez Vital’s contention that the IJ’s alleged bias deprived her of due
process is not supported by the record, and her remaining due process challenge is
unpersuasive.
We reject Vazquez Vital’s contention that the BIA issued a boilerplate
decision without reviewing the record, because she has not overcome the
presumption that the BIA did review the record. See Larita-Martinez v. INS, 220
F.3d 1092, 1095-96 (9th Cir. 2000).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 08-72189