Hector Estrada-Lampayas v. ERIC H. HOLDER Jr., Attorney General

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).
JT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HECTOR ESTRADA-LAMPAYAS,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-72048
Agency No. A097-813-414
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Hector Estrada-Lampayas, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
FILED
DEC 30 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and
dismiss in part the petition for review.
Estrada-Lampayas’ contention that the IJ failed to consider the possibility of
hardship caused by familial separation is not supported by the record. To the
extent that Estrada-Lampayas contends that the agency abused its discretion by
improperly weighing the hardships in this case or by misapplying the facts to the
applicable law, we lack jurisdiction. See Figueroa v. Mukasey, 543 F.3d 487, 494-
95 (9th Cir. 2008) (court lacks jurisdiction to review discretionary hardship
determination).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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