FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUIS ARNOLDO CRUZ, No. 10-70811
Petitioner, Agency No. A094-377-046
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Luis Arnoldo Cruz, a native and citizen of El Salvador, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We dismiss the petition for review.
*
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).
We lack jurisdiction to review the agency’s discretionary determination that
Cruz failed to show exceptional and extremely unusual hardship to a qualifying
relative. See 8 U.S.C. § 1252(a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d
887, 892 (9th Cir. 2003).
To the extent Cruz contends that the agency did not apply the legal standard
correctly in making its hardship determination, this contention is not supported by
the record and does not amount to a colorable constitutional claim. See Martinez-
Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“[T]raditional abuse of
discretion challenges recast as alleged due process violations do not constitute
colorable constitutional claims that would invoke our jurisdiction.”).
PETITION FOR REVIEW DISMISSED.
2 10-70811
Luis Cruz v. Eric Holder, Jr.
Combined Opinion