Johan Tioanda v. Eric H. Holder Jr., 404 F. App'x 227 (9th Cir. 2010). · Go Syfert
Johan Tioanda v. Eric H. Holder Jr., 404 F. App'x 227 (9th Cir. 2010). Cases Citing This Book View Copy Cite
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Johan TIOANDA, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent
08-74055.
Court of Appeals for the Ninth Circuit.
Nov 23, 2010.
Unpublished opinion
404 F. App'x 227
Romy Patterson, Law Office of Romy Patterson, Anchorage, AK, for Petitioner., Jennifer Paisner Williams, Anthony Cardozo Payne, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Esquire, Immigration and Naturalization Service, Office of the District Counsel, Seattle, WA, for Respondent.
Tashima, Berzon, Clifton.
Unpublished
Pinpoint authority: bottom 56%

MEMORANDUM **

Johan Tioanda, a native and citizen of Indonesia, 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 agency’s discretionary determination that Tioanda 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). Tioanda’s contention that the agency violated due process by failing to adequately consider his evidence of hardship does not amount to a colorable constitutional claim. See id. (“[Tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

We lack jurisdiction to consider Tioanda’s contention that the IJ prejudged his cancellation application because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

PETITION FOR REVIEW DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.