Martin Pineda Martinez, et al v. Eric H. Holder Jr., No. 08-73694 (9th Cir. 2010)

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FILED SEP 29 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARTIN PINEDA MARTINEZ; HELADIA GONZALEZ DE PINEDA, No. 08-73694 Agency Nos. A096-064-308 A096-064-309 Petitioners, 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. SMTIH, Circuit Judges. Martin Pineda Martinez and Heladia Gonzalez de Pineda, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals ( BIA ) order summarily affirming an immigration judge s ( IJ ) * 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). removal order. 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 IJ s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. 8 U.S.C. § 1252(a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). To the extent petitioners contend that the BIA s streamlined order did not demonstrate sufficient consideration of the hardship factors in denying their cancellation of removal applications, their challenge is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir. 2003). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 08-73694

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