NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ELIGIO MONTIEL-PEREZ, No. 18-72119 Petitioner, Agency No. A200-280-866 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, Circuit Judges. Eligio Montiel-Perez, 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 his application for cancellation of removal. We dismiss the petition for review. Montiel-Perez’s contentions that the agency erred or violated due process * 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). because it did not properly weigh or consider evidence, or did not adequately explain its decision, are not supported, colorable questions of law or constitutional claims. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (“traditional abuse of discretion challenges recast as alleged due process violations do not present sufficiently colorable constitutional questions as to give this court jurisdiction”); Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (“What is required is merely that [the agency] consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.” (internal quotation marks and citation omitted)). Thus, we lack jurisdiction to review the agency’s discretionary determination that Montiel-Perez did not show exceptional and extremely unusual hardship to his U.S. citizen stepchild. See 8 U.S.C. § 1252(a)(2)(B)(i), (D); Vilchiz-Soto, 688 F.3d at 644. PETITION FOR REVIEW DISMISSED. 2 18-72119 18-72119 Court of Appeals for the Ninth Circuit ca9 9th Cir. Eligio Montiel-Perez v. William Barr 9 June 2020 Agency Unpublished 7ca4f7ad24d8d90b23cc9ddd41fb3f8d12754207
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