NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 28 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
ANGELA DUARTE, No. 09-70934
Petitioner, Agency No. A070-925-238
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Angela Duarte, a native and citizen of Guatemala, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order sustaining the government’s appeal
from an immigration judge’s (“IJ”) decision granting her application for
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th
Cir. 2005). We deny in part and dismiss in part the petition for review.
Contrary to Duarte’s contention, the BIA properly reviewed the IJ’s hardship
determination de novo. See 8 C.F.R. § 1003.1(d)(3)(ii). It follows that Duarte’s
due process claim fails. See Lata v. INS, 204 F.3d 1241, 1261 (9th Cir. 2000)
(requiring error for a petitioner to prevail on a due process claim).
We lack jurisdiction to review the BIA’s discretionary determination that
Duarte 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).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-70934