Edgar Guerra Hernandez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR GUERRA HERNANDEZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-72868
Agency No. A215-854-229
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 17, 2022**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Edgar Guerra Hernandez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 23 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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review de novo questions of law. Bhattarai v. Lynch, 835 F.3d 1037, 1042 (9th
Cir. 2016). We dismiss the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that
Guerra Hernandez did not show exceptional and extremely unusual hardship to a
qualifying relative for purposes of cancellation of removal. See 8 U.S.C.
§ 1252(a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
We reject Guerra Hernandez’s contention that the BIA failed to address his
argument that the IJ applied an incorrect hardship standard, and the petition does
not raise a colorable legal or constitutional claim over which we retain jurisdiction.
See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas, 424 F.3d at 930; Najmabadi v.
Holder, 597 F.3d 983, 990 (9th Cir. 2010) (agency need not write an exegesis on
every contention).
The stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DISMISSED.

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