Jorge Jaime Perez-Gutierrez 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NOT FOR PUBLICATION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
JORGE JAIME PEREZ-GUTIERREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73609
Agency No. A075-745-337
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Jorge Jaime Perez-Gutierrez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order vacating an
immigration judge’s decision granting his application for cancellation of removal.
We dismiss the petition for review.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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08-73609 2
We lack jurisdiction to review the BIA’s discretionary determination that
Perez-Gutierrez 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). Perez-Gutierrez’s contention that the agency violated due process by
misapplying the law to the facts of his case does not state a colorable claim. See id.
We lack jurisdiction to consider Perez-Gutierrez’s contention regarding
voluntary departure because he did not exhaust this claim before the BIA. See
Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED.

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