Mirna Vazquez Vital v. Eric H. Holder Jr., No. 08-72189 (9th Cir. 2010)

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FILED SEP 22 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MIRNA IRENE VAZQUEZ VITAL, Petitioner, No. 08-72189 Agency No. A075-763-039 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. Mirna Irene Vazquez Vital, 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 ( IJ ) decision denying her application for * 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). cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. We lack jurisdiction to review the agency s discretionary determination that Vazqez Vital failed to show exceptional and extremely unusual hardship to her qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir. 2005). Vazquez Vital s contention that the IJ s alleged bias deprived her of due process is not supported by the record, and her remaining due process challenge is unpersuasive. We reject Vazquez Vital s contention that the BIA issued a boilerplate decision without reviewing the record, because she has not overcome the presumption that the BIA did review the record. See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir. 2000). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 08-72189

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