Federico Ramirez v. Eric Holder, Jr., No. 09-73621 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FEDERICO OCAMPO RAMIREZ, Petitioner, No. 09-73621 Agency No. A076-365-168 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** San Francisco, California Before: O SCANNLAIN, TALLMAN and BEA, Circuit Judges. Petitioner Federico Ocampo Ramirez, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge s ( IJ ) denial of his application for cancellation of removal and motion for continuance. After the Board reversed the IJ s initial grant * 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). of cancellation relief and remanded for further proceedings, the IJ held a hearing and considered further evidence supporting Ramirez s application for 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 Ramirez failed to show exceptional and extremely unusual hardship to his United States citizen child. 8 U.S.C. § 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir. 2009). Likewise, we lack jurisdiction to review the agency s denial of Ramirez s motion to reopen based on further evidence of hardship introduced at the IJ hearing on remand. Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir. 2006) (explaining that § 1252(a)(2)(B)(i) bars jurisdiction when question presented in motion to reopen is essentially the same hardship ground originally decided). The IJ did not abuse his discretion in denying Ramirez s motion for a continuance because Ramirez did not demonstrate good cause. 8 C.F.R. § 1003.29; see Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir. 2008) (reviewing for abuse of discretion). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2
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