Suset Danitza Martinez, a.k.a. Suset Danitza Hernandez 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NOT FOR PUBLICATION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
SUSET DANITZA MARTINEZ, a.k.a.
Suset Danitza Hernandez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73812
Agency No. A095-440-282
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Suset Danitza Martinez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s removal order. We dismiss the petition for review.
FILED
DEC 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73812 2
We lack jurisdiction to review the agency’s discretionary determination that
Martinez did not merit special rule cancellation of removal for battered spouses.
See 8 U.S.C. § 1252(a)(2)(B)(i).
Martinez’s contention that the agency violated due process by unilaterally
vacating her last scheduled hearing and improperly relying on her Form I-213,
Record of Deportable/Inadmissible Alien, are not supported by the record and do
not amount to colorable constitutional claims that would restore our jurisdiction.
See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED.

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