FILED
NOT FOR PUBLICATION OCT 01 2010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 GUADALUPE CISNEROS No. 07-72465
GUTIERREZ; LILIA SALAZAR
GARCIA; NAYELI CISNEROS Agency Nos. A096-056-592
SALAZAR, A096-056-593
A096-056-594
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jose Guadalupe Cisneros Gutierrez, Lilia Salazar Garcia, and Nayeli
Cisneros Salazar, natives and citizens of Mexico, petition for review of the Board
of Immigration Appeals’ order dismissing their appeal from an immigration
*
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).
judge’s order denying their applications for cancellation of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. Reviewing de novo questions of law,
Garcia-Lopez v. Ashcroft, 334 F.3d 840, 843 (9th Cir. 2003), we deny in part and
dismiss in part the petition for review.
The agency properly concluded that Cisneros Gutierrez was ineligible for
cancellation of removal due to his conviction under California Welfare and
Institutions Code § 10980(c)(2). See 8 U.S.C. §§ 1182(a)(2)(A)(i)(I),
1229(d)(1)(B). Cisneros Gutierrez’s contention that his conviction was
automatically reduced to a misdemeanor by operation of California Penal Code
§ 17(b)(1) and therefore qualified for the petty offense exception is unavailing.
See Garcia-Lopez, 334 F.3d at 844-45.
We lack jurisdiction to review the agency’s discretionary determination that
Salazar Garcia failed to show exceptional and extremely unusual hardship to her
U.S. citizen children. See 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey,
552 F.3d 975, 980 (9th Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 07-72465