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Victor APREZA-REYES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2010-06-04No. No. 08-73661
381 F. App'x 745

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Opinion

majority opinion

MEMORANDUM

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.

We lack jurisdiction to review the agency’s discretionary determination that Apre-za-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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.