FILED
NOT FOR PUBLICATION AUG 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SALVADOR GARCIA-TORRES, No. 08-71932
Petitioner, Agency No. A098-952-250
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 10, 2010 **
Before: O’SCANNLAIN, HAWKINS, and IKUTA, Circuit Judges.
Salvador Garcia-Torres, a native and citizen of El Salvador, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his application for
cancellation of removal. We dismiss the petition for review.
*
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).
We lack jurisdiction over the agency’s discretionary determination that
Garcia-Torres failed to show exceptional and extremely unusual hardship to a
qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.
2005).
Garcia-Torres’ contention that the agency deprived him of due process by
misapplying the law to the facts of his case does not state a colorable due process
claim. See id.
We lack jurisdiction to review Garcia-Torres’ contentions regarding asylum
and additional grounds of hardship not considered by the agency because he failed
to raise those arguments before the BIA. See Barron v. Ashcroft, 358 F.3d 674,
678 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED.
2 08-71932