Claudia Isabel Ruiz-Barajas 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NOT FOR PUBLICATION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
CLAUDIA ISABEL RUIZ-BARAJAS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71538
Agency No. A072-403-637
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.
Claudia Isabel Ruiz-Barajas, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
FILED
SEP 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71538 2
from an immigration judge’s (“IJ”) decision denying her application for
cancellation of removal. We dismiss the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that
Ruiz-Barajas failed to show exceptional and extremely unusual hardship to a
qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.
2005).
Ruiz-Barajas’ contentions that the agency disregarded her evidence of
hardship and did not consider the evidence in the aggregate are not supported by
the record and do not amount to colorable constitutional claims. See id. at 930.
We lack jurisdiction to review Ruiz-Barajas’ contentions that the IJ applied
an improper legal standard and used an improper factor in the hardship analysis
because she failed to exhaust those claims before the BIA. See Ontiveros-Lopez v.
INS, 213 F.3d 1121, 1124 (9th Cir. 2000).
PETITION FOR REVIEW DISMISSED.

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