Jose Campoy Cruz v. Jefferson Sessions, III


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 28 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE GUADALUPE CAMPOY CRUZ, No. 17-71686 Petitioner, Agency No. A088-712-539 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 15, 2018** Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges. Jose Guadalupe Campoy Cruz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying cancellation of removal. We dismiss the petition for review. * 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). We lack jurisdiction to review the agency’s discretionary determination that Campoy Cruz failed to show exceptional and extremely unusual hardship to his qualifying relatives. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012). Campoy Cruz’s contentions that the agency failed to consider several pieces of evidence are not supported by the record and do not amount to colorable claims that would invoke our jurisdiction. See id., 688 F.3d at 644 (absent a colorable legal or constitutional claim, the court lacks jurisdiction to review the agency’s discretionary determination regarding hardship); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“To be colorable in this context, . . . the claim must have some possible validity.” (citation and internal quotation marks omitted)). PETITION FOR REVIEW DISMISSED. 2 17-71686 17-71686 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Campoy Cruz v. Jefferson Sessions, III 28 August 2018 Agency Unpublished 2571c2658847a5b0be1e2baf2f0ec07abfa21661

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