FILED
NOT FOR PUBLICATION JAN 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PABLO PEREZ-ZARATE, No. 08-73456
Petitioner, Agency No. A097-760-885
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Pablo Perez-Zarate, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) 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 to review the BIA’s discretionary determination that
Perez-Zarate 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). We do not address Perez-Zarate’s challenges to findings set forth by the IJ
but not adopted by the BIA. See Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir.
2009) (where the BIA conducts its own review of the evidence and law rather than
adopting the IJ’s decision, our review is limited to the BIA’s decision, except to the
extent that the IJ’s opinion is expressly adopted).
PETITION FOR REVIEW DISMISSED.
2 08-73456