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09-71139•Jonas Isabel Cruz-Lustre v. ERIC H. HOLDER, Jr., Attorney General
09-71139Court of Appeals for the Ninth CircuitSep 29, 2010
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NOT FOR PUBLICATION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
JONAS ISABEL CRUZ-LUSTRE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71139
Agency No. A070-501-797
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jonas Isabel Cruz-Lustre, a native and citizen of Mexico, petitions pro se 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.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of
FILED
SEP 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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09-71139 2
law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
Contrary to Cruz-Lustre’s contentions, the family unity waiver of
inadmissibility under 8 U.S.C. § 1182(d)(11) is not available to aliens seeking to
establish good moral character for the purposes of cancellation of removal.
Sanchez v. Holder, 560 F.3d 1028, 1032 (9th Cir. 2009) (en banc).
Cruz-Lustre’s contention that the agency violated due process by not
considering the hardship in the aggregate is not supported by the record.
PETITION FOR REVIEW DENIED.
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