Gilberto Gomez-Cota v. Mark Filip, No. 08-73289 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 30 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GILBERTO GOMEZ-COTA, Petitioner, No. 08-73289 Agency No. A078-978-274 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. Gilberto Gomez-Cota, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of * 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). law. Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). We deny in part and dismiss in part the petition for review. Gomez-Cota s contention that the BIA s order was inadequate fails because the BIA order contained a statement of its reasons for denying [Gomez-Cota] relief adequate for us to conduct our review. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir. 1995). We lack jurisdiction to review the agency s discretionary determination that Gomez-Cota 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). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 08-73289

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