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NOT FOR PUBLICATION JUN 10 2010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