Rodriguez-Ochoa v. Holder

FILED NOT FOR PUBLICATION FEB 24 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA DORA LETICIA RODRIGUEZ- No. 07-74868 OCHOA, Agency No. A091-858-863 Petitioner, v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 16, 2010 ** Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges. Maria Dora Leticia Rodriguez-Ochoa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying * 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). TL/Research her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review Rodriguez-Ochoa’s contention regarding the BIA’s review of factual findings because she failed to raise it in her second appeal to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). We lack jurisdiction to review the BIA’s discretionary determination that Rodriguez-Ochoa failed to establish the requisite hardship for cancellation of removal. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). PETITION FOR REVIEW DISMISSED. TL/Research 2 07-74868