NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 24 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HILARIO RODRIGUEZ-RIVERA, AKA No. 20-70955 Hilario Rivera, AKA Larry Rodriguez, Agency No. A207-736-961 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2022** Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges. Hilario Rodriguez-Rivera, 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. Our jurisdiction is governed by 8 U.S.C. § 1252. We * 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). review de novo claims of due process violations in immigration proceedings. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We dismiss in part and deny in part the petition for review. We lack jurisdiction to review the agency’s discretionary determination that Rodriguez-Rivera did not show exceptional and extremely unusual hardship to a qualifying relative for purposes of cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). The petition does not raise a colorable legal or constitutional claim over which we retain jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas, 424 F.3d at 930. Thus, we dismiss the petition for review as to Rodriguez-Rivera’s cancellation of removal claim. Rodriguez-Rivera’s contentions that the BIA erred by not addressing the IJ’s good moral character determination fail. See Simeonov, 371 F.3d at 538 (courts are not required to decide issues unnecessary to the results they reach); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (error is required to prevail on a due process claim). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 20-70955 20-70955 Court of Appeals for the Ninth Circuit ca9 9th Cir. Hilario Rodriguez-Rivera v. Merrick Garland 24 February 2022 Agency Unpublished 443460df0a51636c6e067b8e5816745e542d3f81
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