Edmundo Hernandez Guerrero; Juana Gonzalez Maldonado 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
LR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDMUNDO HERNANDEZ GUERRERO;
JUANA GONZALEZ MALDONADO,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71600
Agency Nos. A096-057-806
A096-057-784
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Edmundo Hernandez Guerrero and Juana Gonzalez Maldonado, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
order dismissing their appeal from an immigration judge’s decision denying their
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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applications for 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 show exceptional and extremely unusual hardship to a
qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.
2005).
Female petitioner waived any challenge to the agency’s decision
pretermitting her cancellation application on physical presence grounds by failing
to raise this issue in the opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256,
1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a
party’s opening brief are waived).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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