Jose Beltran v. Eric H. Holder Jr., No. 08-71554 (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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 24 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE R. BELTRAN, No. 08-71554 Petitioner, Agency No. A073-981-758 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. Jose R. Beltran, a native and citizen fo Mexico, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration * 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). judge s decision denying his application for cancellation of removal. We dismiss the petition for review. We lack jurisdiction to review the agency s discretionary determination that Beltran 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). Beltran s contention that the agency failed to consider relevant hardship factors is not supported by the record and does not amount to a colorable claim over which we have jurisdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009). PETITION FOR REVIEW DISMISSED. 2 08-71554

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