Jose Guadalupe Cisneros Gutierrez; Lilia Salazar Garcia; Nayeli Cisneros Salazar 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NOT FOR PUBLICATION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
JOSE GUADALUPE CISNEROS
GUTIERREZ; LILIA SALAZAR
GARCIA; NAYELI CISNEROS
SALAZAR,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72465
Agency Nos. A096-056-592
A096-056-593
A096-056-594
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.
Jose Guadalupe Cisneros Gutierrez, Lilia Salazar Garcia, and Nayeli
Cisneros Salazar, natives and citizens of Mexico, petition for review of the Board
of Immigration Appeals’ order dismissing their appeal from an immigration
FILED
OCT 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72465 2
judge’s order denying their applications for cancellation of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. Reviewing de novo questions of law,
Garcia-Lopez v. Ashcroft, 334 F.3d 840, 843 (9th Cir. 2003), we deny in part and
dismiss in part the petition for review.
The agency properly concluded that Cisneros Gutierrez was ineligible for
cancellation of removal due to his conviction under California Welfare and
Institutions Code § 10980(c)(2). See 8 U.S.C. §§ 1182(a)(2)(A)(i)(I),
1229(d)(1)(B). Cisneros Gutierrez’s contention that his conviction was
automatically reduced to a misdemeanor by operation of California Penal Code
§ 17(b)(1) and therefore qualified for the petty offense exception is unavailing.
See Garcia-Lopez, 334 F.3d at 844-45.
We lack jurisdiction to review the agency’s discretionary determination that
Salazar Garcia failed to show exceptional and extremely unusual hardship to her
U.S. citizen children. See 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey,
552 F.3d 975, 980 (9th Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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