Lucia Magana-Magana v. Eric Holder, Jr., 421 F. App'x 682

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Lucia Magana-Magana, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Magana-Magana failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales , 424 F.3d 926, 929-30 (9th Cir. 2005). Magana-Magana’s contention that the BIA applied an incorrect hardship standard is not supported by the record and does not amount to a colorable legal or constitutional claim over which we have jurisdiction. See Mendez-Castro v. Mukasey , 552 F.3d 975, 979-80 (9th Cir. 2009).

PETITION FOR REVIEW DISMISSED.

2 09-70348

Notes

[*] 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).

Case Details

Case Name: Lucia Magana-Magana v. Eric Holder, Jr.

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Mar 10, 2011

Citations: 421 F. App'x 682; 09-70348

Docket Number: 09-70348

Court Abbreviation: 9th Cir.