FILED
NOT FOR PUBLICATION AUG 9 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO JAVIER BAUTISTA No. 10-70964
CABRALES,
Agency No. A072-404-334
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
Francisco Javier Bautista Cabrales, 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 decision denying his 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 constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.
2009), and we dismiss in part, and deny in part, the petition for review.
We lack jurisdiction to review the BIA’s discretionary decision to deny
Bautista Cabrales’s application for cancellation of removal, see De Mercado v.
Mukasey, 566 F.3d 810, 814 (9th Cir. 2009), and Bautista Cabrales does not
contend that this dispositive decision suffers from any legal or constitutional
defect, see Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
The proceedings were not “so fundamentally unfair that [Bautista Cabrales]
was prevented from reasonably presenting his case.” Colmenar v. INS, 210 F.3d
967, 971 (9th Cir. 2000) (citation and quotation omitted).
In light of our disposition, we do not reach Bautista Cabrales’s remaining
contentions.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 10-70964