Fortino Cholula-Rios v. Eric Holder, Jr., No. 09-73718 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 19 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FORTINO CHOLULA-RIOS, a.k.a. Fortinio Rios Cholula, a.k.a. Leonardo Cholula, a.k.a. Leopold Fortino Cholula, No. 09-73718 Agency No. A092-903-609 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Fortino Cholula-Rios, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s ( IJ ) removal order. We dismiss the petition for review. * 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). We lack jurisdiction to review the agency s discretionary denial of CholulaRios s cancellation of removal application. See 8 U.S.C. § 1252(a)(2)(B)(i); Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir. 2009) (per curiam). CholulaRios s challenge to the IJ s weighing of the evidence is not a legal argument that confers jurisdiction. PETITION FOR REVIEW DISMISSED. 2 09-73718

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