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NOT FOR PUBLICATION JUN 04 2010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
JORGE MARTIN VALDIVIESO No. 08-71684
CALDERON; et al.,
Agency Nos. A073-972-620
Petitioners, A073-972-777
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.
Jorge Martin Valdivieso Calderon and Maria Luisa Esquivel Reyes, natives
and citizens of Mexico, seek review of a Board of Immigration Appeals order
*
Eric H. Holder, Jr., is substituted for his predecessor, Michael B.
Mukasey, as Attorney General of the United States. Fed. R. App. P. 43(c)(2).
*
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).
dismissing their appeal from an immigration judge’s (IJ) denial of their application
for cancellation of removal. We dismiss the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that
petitioners failed to show exceptional and extremely unusual hardship to their U.S.
citizen children. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d
975, 979 (9th Cir. 2009).
Petitioners’ contentions, that the Board failed to properly consider and weigh
all evidence of hardship or consider the IJ’s alleged failure to properly evaluate the
evidence because the Board did not specifically address petitioners’ contentions in
its decision, 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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