KELBERTH DAPOLA V. ERIC HOLDER, JR., No. 10-71093 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 17 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KELBERTH ANTONIO DAPOLA, Petitioner, No. 10-71093 Agency No. A072-133-390 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER and M. SMITH, Circuit Judges. Kelberth Antonio Dapola, native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an * 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). immigration judge's denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the agency's discretionary determination that Dapola failed to show exceptional and extremely unusual hardship to his United States citizen children. 8 U.S.C. § 1252(a)(2)(B); Mendez Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir. 2009). The contention that the Board failed to properly consider and weigh all evidence of hardship does not raise a colorable due process claim. Martinez Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). PETITION FOR REVIEW DISMISSED.

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