FILED
NOT FOR PUBLICATION JUN 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ANTONIO SORIA BARRIGA, No. 09-73871
Petitioner, Agency No. A097-867-722
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Jose Antonio Soria Barriga, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s denial of his application for cancellation of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
including claims of due process violations. Vasquez-Zavala v. Ashcroft, 324 F.3d
1105, 1107 (9th Cir. 2003). We dismiss in part and deny in part the petition for
review.
We lack jurisdiction to review the agency’s discretionary determination that
Soria Barriga did not demonstrate “exceptional and extremely unusual hardship” to
a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.
2005). Because the hardship issue is dispositive, see 8 U.S.C. § 1229b(b)(1)(D),
we do not reach Soria Barriga’s contentions regarding his continuous physical
presence.
Soria Barriga’s equal protection contention regarding the rights of his United
States citizen children is not colorable. See Urbano de Malaluan v. INS, 577 F.2d
589, 594 (9th Cir. 1978). Soria Barriga’s due process claims are not persuasive.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 09-73871