Fernando Hernandez- Gutierrez; 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NOT FOR PUBLICATION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
FERNANDO HERNANDEZ-
GUTIERREZ; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71124
Agency Nos. A079-542-401
A079-542-402
A079-542-403
A079-542-404
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2013**
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Fernando Hernandez-Gutierrez and his family, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ order dismissing
their appeal from an immigration judge’s order denying their applications for
FILED
AUG 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71124 2
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that
Petitioners failed to establish that qualifying relatives would experience
exceptional and extremely unusual hardship upon their removal. See Martinez-
Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir. 2005).
Petitioners do not challenge the denial of their applications for voluntary
departure. Petitioners’ challenge to 8 C.F.R. § 1240.26(i) is foreclosed by Garfias-
Rodriguez v. Holder, 702 F.3d 504, 523-28 (9th Cir. 2012) (en banc).
We do not consider whether lead Petitioner established good moral character
because his failure to establish the requisite hardship is dispositive. See 8 U.S.C. §
1229b(b)(1).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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