Aaron Garcia-Delgado v. Eric Holder, Jr., No. 10-60314 (5th Cir. 2011)

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Case: 10-60314 Document: 00511341851 Page: 1 Date Filed: 01/06/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-60314 Summary Calendar January 6, 2011 Lyle W. Cayce Clerk AARON GARCIA-DELGADO, also known as Aaron Garcia, Petitioner v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A088-836-757 Before DAVIS, SMITH and SOUTHWICK, Circuit Judges. PER CURIAM:* Aaron Garcia-Delgado, a native and citizen of Mexico, petitions this court for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the immigration judge s denial of his application for cancellation of removal. We lack jurisdiction to consider the BIA s discretionary determination that Garcia-Delgado failed to demonstrate exceptional and unusual hardship. See 8 U.S.C. § 1252(a)(2)(B)(i); Sung v. Keisler, 505 F.3d 372, 377 (5th Cir. 2007); Rueda v. Ashcroft, 380 F.3d 831, 831 (5th Cir. 2004). * Although the Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-60314 Document: 00511341851 Page: 2 Date Filed: 01/06/2011 No. 10-60314 jurisdiction-stripping provision of § 1252 does not preclude review of constitutional claims and questions of law, see § 1252(a)(2)(D); Sung, 505 F.3d at 377, Garcia-Delgado does not make any arguments in his brief raising a colorable constitutional claim or a question of law. Because we lack jurisdiction to review the final order of removal, the petition for review is dismissed. See Rueda, 380 F.3d at 831. DISMISSED. 2

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