Claudia Ruiz-Barajas v. Eric H. Holder Jr., No. 08-71538 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 24 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CLAUDIA ISABEL RUIZ-BARAJAS, Petitioner, No. 08-71538 Agency No. A072-403-637 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Claudia Isabel Ruiz-Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal * 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). from an immigration judge s ( IJ ) 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 Ruiz-Barajas 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). Ruiz-Barajas contentions that the agency disregarded her evidence of hardship and did not consider the evidence in the aggregate are not supported by the record and do not amount to colorable constitutional claims. See id. at 930. We lack jurisdiction to review Ruiz-Barajas contentions that the IJ applied an improper legal standard and used an improper factor in the hardship analysis because she failed to exhaust those claims before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000). PETITION FOR REVIEW DISMISSED. 2 08-71538

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