Erick Sosa-Salgero v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAY 17 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ERICK DANILO SOSA-SALGERO, No. 11-70807 AKA Daniel Sosa, Agency No. A088-724-039 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals ** Submitted May 15, 2012 Before: CANBY, GRABER and M. SMITH, Circuit Judges. Erick Danilo Sosa-Salgero, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an * 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). immigration judge's denial of his 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 the agency's discretionary determination that Sosa-Salgero failed to show exceptional and extremely unusual hardship to his United States citizen child. 8 U.S.C. § 1252(a)(2)(B); Mendez–Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir. 2009). Sosa-Salgero’s contention, that the Board failed to properly consider and weigh all evidence of hardship, does not raise a colorable due process claim. Martinez–Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). PETITION FOR REVIEW DISMISSED.