Opinion
No. 09-71608.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 22, 2010.
Brian Patrick Conry, Brian Patrick Conry, P.C., Portland, OR, for Petitioners.
Leslie Mckay, Esquire, Assistant Director, OIL, U.S. Department of Justice, Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A099-577-339, A099-577-340.
Before: O'SCANNLAIN, TALLMAN and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Petitioners Maria Santos Cruz-Barajas and Yosimar Barajas-Cruz, mother and son and natives and citizens of Mexico, petition for review of a Board of Immigration Appeals order dismissing their appeal from an immigration judge's ("IJ") denial of their application for cancellation of removal. We dismiss the petition for review.
We lack jurisdiction to review the agency's discretionary determination that, even though all witnesses testified credibly, petitioners failed to show exceptional and extremely unusual hardship to the United States citizen child. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir. 2009).
Petitioners' contentions that the Board failed to properly consider and weigh all evidence of hardship do not raise a colorable due process claim. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
We decline to address petitioners' unexhausted contention that they were denied due process and a fair trial because the IJ was not neutral. Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000) (declining to consider a claim that Board did not have first opportunity to consider).
We lack jurisdiction to review the Board's denial of petitioners' motion to reopen, which introduced further evidence of hardship to the United States citizen child. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir. 2006) (explaining that § 1252(a)(2)(B)(i) bars jurisdiction when question presented in motion to reopen is essentially the same hardship ground originally decided).