Adrian Ruiz Garcia v. ERIC H. HOLDER, Jr., Attorney General

06-71286Court of Appeals for the Ninth CircuitJun 1, 2010

Full text

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADRIAN RUIZ GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-71286
Agency No. A075-247-060
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Adrian Ruiz Garcia, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for suspension of
deportation. We dismiss the petition for review.
FILED
JUN 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-71286 2
We lack jurisdiction to review the BIA’s discretionary determination that
Ruiz Garcia failed to make the requisite showing of extreme hardship to be eligible
for suspension of deportation. See Martinez-Rosas v. Gonzales, 424 F.3d 926,
929-30 (9th Cir. 2005); Kalaw v. INS, 133 F.3d 1147, 1151-52 (9th Cir. 1997),
superseded by statute on other grounds as stated in Trejo-Mejia v. Holder, 593
F.3d 913 (9th Cir. 2010). In addition, we lack jurisdiction over Ruiz Garcia’s
contentions that the BIA failed to consider the hardship evidence cumulatively and
disregarded precedent because they are not supported by the record and do not
amount to colorable constitutional claims. See Mendez-Castro v. Mukasey, 552
F.3d 975, 980 (9th Cir. 2009).
PETITION FOR REVIEW DISMISSED.

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