NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELEAZAR NOVOA-DIAZ, AKA Eleazar No. 15-71659
Diaz Novoa, AKA Eleazor Novoa,
Agency No. A205-718-414
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Eleazar Novoa-Diaz, 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 cancellation of removal. We dismiss the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
petition for review.
We lack jurisdiction to review the agency’s denial of cancellation of removal
for failure to show exceptional and extremely unusual hardship to a qualifying
relative, and Novoa-Diaz does not raise a colorable legal or constitutional claim
that would invoke our jurisdiction. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644
(9th Cir. 2012) (absent a colorable legal or constitutional claim, the court lacks
jurisdiction to review the agency’s discretionary hardship determination); Larita-
Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir. 2000) (petitioners must
overcome presumption that agency reviewed all evidence); Najmabadi v. Holder,
597 F.3d 983, 990-91 (9th Cir. 2010) (agency adequately considered evidence and
sufficiently announced its decision).
PETITION FOR REVIEW DISMISSED.
2 15-71659