Angela Duarte v. Eric Holder, Jr., No. 09-70934 (9th Cir. 2011)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 28 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS ANGELA DUARTE, No. 09-70934 Petitioner, Agency No. A070-925-238 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Angela Duarte, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals ( BIA ) order sustaining the government s appeal from an immigration judge s ( IJ ) decision granting her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We * 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). review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review. Contrary to Duarte s contention, the BIA properly reviewed the IJ s hardship determination de novo. See 8 C.F.R. § 1003.1(d)(3)(ii). It follows that Duarte s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1261 (9th Cir. 2000) (requiring error for a petitioner to prevail on a due process claim). We lack jurisdiction to review the BIA s discretionary determination that Duarte 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 09-70934

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