Eleazar Novoa-Diaz v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 3 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ELEAZAR NOVOA-DIAZ, AKA Eleazar No. 15-71659 Diaz Novoa, AKA Eleazor Novoa, Agency No. A205-718-414 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges. Eleazar Novoa-Diaz, 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 decision denying cancellation of removal. We dismiss the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). petition for review. We lack jurisdiction to review the agency’s denial of cancellation of removal for failure to show exceptional and extremely unusual hardship to a qualifying relative, and Novoa-Diaz does not raise a colorable legal or constitutional claim that would invoke our jurisdiction. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (absent a colorable legal or constitutional claim, the court lacks jurisdiction to review the agency’s discretionary hardship determination); Larita- Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir. 2000) (petitioners must overcome presumption that agency reviewed all evidence); Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (agency adequately considered evidence and sufficiently announced its decision). PETITION FOR REVIEW DISMISSED. 2 15-71659 15-71659 Court of Appeals for the Ninth Circuit ca9 9th Cir. Eleazar Novoa-Diaz v. Jefferson Sessions 3 November 2017 Agency Unpublished 3884ce61f73b518910a8f910fbccb9c7034340c3

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