Opinion
Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R.App. P. 43(c)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Frank P. Sprouls, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner.
Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Linda S. Wendtland, Esq., John S. Hogan, DOJ--U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A77-834-630.
Before: KLEINFELD, TASHIMA and THOMAS, Circuit Judges.
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
Carlos Dimas, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals affirming
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without opinion an immigration judge's denial of his application for cancellation of removal. The immigration judge determined that petitioner failed to establish the requisite exceptional and extremely unusual hardship to qualifying United States citizen relatives. Petitioner has not raised any colorable due process claims, and we lack jurisdiction to review the BIA's discretionary denial of cancellation of removal. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). The voluntary departure period is stayed pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004).
PETITION FOR REVIEW DISMISSED.