Oscar Orlando Portillo 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR ORLANDO PORTILLO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74424
Agency No. A095-449-397
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.
Oscar Orlando Portillo, a native and citizen of Guatemala, seeks review pro
se of a Board of Immigration Appeals order dismissing his appeal from an
immigration judge’s denial of his application for cancellation of removal. We
dismiss the petition for review.
FILED
JUN 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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We lack jurisdiction to review the agency’s discretionary determination that
Portillo failed to show exceptional and extremely unusual hardship to his U.S.
citizen children. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d
975, 979 (9th Cir. 2009).
Portillo’s contentions, that the Board did not properly consider and weigh all
evidence of hardship and that the government should have disclosed an alleged
pending application for asylum at the time the removal order was issued, do not
raise a colorable due process claim. Martinez-Rosas v. Gonzales, 424 F.3d 926,
930 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED.

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