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Pablo Perez-Zarate v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 20, 2011

PABLO PEREZ-ZARATE, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

Agency No. A097-760-885 On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011*fn2

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Pablo Perez-Zarate, a native and citizen of Mexico, 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 BIA's discretionary determination that Perez-Zarate 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). We do not address Perez-Zarate's challenges to findings set forth by the IJ but not adopted by the BIA. See Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir. 2009) (where the BIA conducts its own review of the evidence and law rather than adopting the IJ's decision, our review is limited to the BIA's decision, except to the extent that the IJ's opinion is expressly adopted).

PETITION FOR REVIEW DISMISSED.


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