SUSET MARTINEZ V. ERIC HOLDER, JR., No. 10-73812 (9th Cir. 2012)

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FILED DEC 21 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SUSET DANITZA MARTINEZ, a.k.a. Suset Danitza Hernandez, No. 10-73812 Agency No. A095-440-282 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Suset Danitza Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s 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 determination that Martinez did not merit special rule cancellation of removal for battered spouses. See 8 U.S.C. § 1252(a)(2)(B)(i). Martinez s contention that the agency violated due process by unilaterally vacating her last scheduled hearing and improperly relying on her Form I-213, Record of Deportable/Inadmissible Alien, are not supported by the record and do not amount to colorable constitutional claims that would restore our jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). PETITION FOR REVIEW DISMISSED. 2 10-73812

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