Diana Bernardina Rodriguez v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION SEP 07 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DIANA BERNARDINA RODRIGUEZ, No. 08-74739 Petitioner, Agency No. A070-944-043 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Diana Bernardina Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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 to review Rodriguez’s collateral challenge to her expedited removal order. See 8 U.S.C. § 1252(a)(2)(A) & (e)(2) (judicial review of an expedited removal order is restricted to limited habeas review before the district court); see also Avendano-Ramirez v. Ashcroft, 365 F.3d 813, 818-19 (9th Cir. 2004) (collateral attack on expedited removal orders “severely” limited). PETITION FOR REVIEW DISMISSED. 2 08-74739