Salvador Lopez-Pena 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NOT FOR PUBLICATION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
SALVADOR LOPEZ-PENA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73297
Agency No. A098-409-071
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.
Salvador Lopez-Pena, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order sustaining the Department of
Homeland Security’s appeal from an immigration judge’s decision granting his
application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C.
FILED
FEB 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73297 2
§ 1252. We dismiss the petition for review.
We lack jurisdiction to review the BIA’s discretionary determination that
Lopez-Pena 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). Lopez-Pena’s contention that the BIA applied an incorrect standard of
review is not supported by the record and does not present a colorable claim that
establishes our jurisdiction. See id.
PETITION FOR REVIEW DISMISSED.

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