Gilberto Morales-Santos 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NOT FOR PUBLICATION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
GILBERTO MORALES-SANTOS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71169
Agency No. A088-644-235
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Gilberto Morales-Santos, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s denial of his application for cancellation of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due
FILED
FEB 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-71169 2
process violations. Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012). We
dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that
Morales-Santos failed to show exceptional and extremely unusual hardship to his
qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.
2005). Morales-Santos’ contention that he was prevented from reasonably
presenting his case is not supported by the record and does not present a colorable
claim that establishes our jurisdiction. See id.
Morales-Santos’ contention that his case warranted review by a three-
member panel of the BIA is unavailing. See 8 C.F.R. § 1003.1(e)(6).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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