Opinion
No. 06-75819.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 13, 2010.
Katherine L. Curtis, Julie R. Sparks, Reeves Associates, Pasadena, CA, for Petitioners.
Blair T. O'Connor, U.S. Department of Justice, Washington, DC, CAC-District Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A096-364-796, A096-364-840.
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Daniel Estrada Silva and Antonieta Estrada, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.
Petitioners' contentions that the agency legally erred by applying an improper hardship standard and by failing to consider relevant hardship factors are not supported by the record. "Because the [agency] applied the correct legal standard in this case, and because we may not proceed further to examine its application of the facts of this case to the `exceptional and extremely unusual hardship' standard," we dismiss the petition as to these challenges. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).
We lack jurisdiction over petitioners' constitutional claims. See De Mercado v. Mukasey, 566 F.3d 810, 816 (9th Cir. 2009) (discussing jurisdiction over similar "fundamental right to family unity" due process contention); Kalaw v. INS, 133 F.3d 1147, 1152 (9th Cir. 1997) (separation of powers).