Jose Miranda-Navarete v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION JUN 10 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE ANTONIO MIRANDA- No. 08-73743 NAVARETE, Agency No. A094-199-512 Petitioner, 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. Jose Antonio Miranda-Navarete, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his * 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). application for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h). We dismiss the petition for review. We lack jurisdiction to review the BIA’s determination that Miranda- Navarete failed to establish that denying him admission would result in extreme hardship to his United States citizen mother and children. See 8 U.S.C. § 1182(h); Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003) (“[A]n exceptional and extremely unusual hardship determination is a subjective discretionary judgment that has been carved out of our appellate jurisdiction.”) (internal quotation marks omitted). PETITION FOR REVIEW DISMISSED. 2 08-73743