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Barajas v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 266 (9th Cir. 2012)

Opinion

No. 09-72642 No. 10-71263 Agency No. A077-772-829

10-15-2012

MARIA J. BARAJAS, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petitions for Review of Orders of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

In these consolidated petitions for review, Maria J. Barajas petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's ("IJ") removal order, and the BIA's order denying her motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petitions for review.

We lack jurisdiction to review the agency's discretionary determination that Barajas failed to show exceptional and extremely unusual hardship to her qualifying relatives, and Barajas does not raise a colorable due process claim challenging this hardship determination. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir. 2009).

We also lack jurisdiction to review the BIA's denial of Barajas' motion to reconsider the BIA's discretionary hardship determination, and Barajas does not raise a colorable due process claim challenging the BIA's denial. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) ("[T]he BIA's denial of the motion to reconsider falls outside the court's jurisdiction because the court cannot reconsider the discretionary, fact-based determination that petitioners failed to demonstrate the requisite hardship.").

Barajas' remaining contentions are unavailing.

PETITIONS FOR REVIEW DISMISSED.


Summaries of

Barajas v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 266 (9th Cir. 2012)
Case details for

Barajas v. Holder

Case Details

Full title:MARIA J. BARAJAS, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 266 (9th Cir. 2012)