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Tioanda v. Holder

United States Court of Appeals, Ninth Circuit
Nov 23, 2010
404 F. App'x 227 (9th Cir. 2010)

Opinion

No. 08-74055.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 23, 2010.

Romy Patterson, Law Office of Romy Patterson, Anchorage, AK, for Petitioner.

Jennifer Paisner Williams, Anthony Cardozo Payne, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Esquire, Immigration and Naturalization Service, Office of the District Counsel, Seattle, WA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A097-125-665.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Johan Tioanda, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the agency's discretionary determination that Tioanda failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Tioanda's contention that the agency violated due process by failing to adequately consider his evidence of hardship does not amount to a colorable constitutional claim. See id. ("[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.").

We lack jurisdiction to consider Tioanda's contention that the IJ prejudged his cancellation application because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

PETITION FOR REVIEW DISMISSED.


Summaries of

Tioanda v. Holder

United States Court of Appeals, Ninth Circuit
Nov 23, 2010
404 F. App'x 227 (9th Cir. 2010)
Case details for

Tioanda v. Holder

Case Details

Full title:Johan TIOANDA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 23, 2010

Citations

404 F. App'x 227 (9th Cir. 2010)