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Gomez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 2, 2016
No. 14-73552 (9th Cir. Aug. 2, 2016)

Opinion

No. 14-73552

08-02-2016

ROCAEL MENDOZA GOMEZ, AKA Carlos Roberto Martinez, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A077-284-171 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Rocael Mendoza Gomez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the agency's discretionary determination that Mendoza Gomez failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Mendoza Gomez's contention that the agency did not consider the future impact of his removal on his children lacks support in the record and is not sufficiently colorable to invoke our jurisdiction. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (absent a colorable legal or constitutional claim, the court lacks jurisdiction to review the agency's discretionary hardship determination); Martinez-Rosas, 424 F.3d at 930 ("To be colorable in this context, . . . the claim must have some possible validity." (citation omitted)).

PETITION FOR REVIEW DISMISSED.


Summaries of

Gomez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 2, 2016
No. 14-73552 (9th Cir. Aug. 2, 2016)
Case details for

Gomez v. Lynch

Case Details

Full title:ROCAEL MENDOZA GOMEZ, AKA Carlos Roberto Martinez, Petitioner, v. LORETTA…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 2, 2016

Citations

No. 14-73552 (9th Cir. Aug. 2, 2016)