Kelberth Antonio Dapola 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NOT FOR PUBLICATION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
KELBERTH ANTONIO DAPOLA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71093
Agency No. A072-133-390
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012 **
Before: CANBY, GRABER and M. SMITH, Circuit Judges.
Kelberth Antonio Dapola, native and citizen of Guatemala, petitions for
review of a Board of Immigration Appeals order dismissing his appeal from an
FILED
MAY 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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immigration judge's denial of his application for cancellation of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.
We lack jurisdiction to review the agency's discretionary determination that
Dapola failed to show exceptional and extremely unusual hardship to his United
States citizen children. 8 U.S.C. § 1252(a)(2)(B); Mendez–Castro v. Mukasey, 552
F.3d 975, 979 (9th Cir. 2009).
The contention that the Board failed to properly consider and weigh all
evidence of hardship does not raise a colorable due process claim. Martinez–Rosas
v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED.

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