FLORES VALENZUELA v. BARR (2019)

MEMORANDUM **

Gaston Flores-Valenzuela, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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 Flores-Valenzuela 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) (absent a colorable legal or constitutional claim, the court lacks jurisdiction to review the agency’s discretionary determination regarding hardship). Flores-Valenzuela’s contentions that the agency failed to properly consider relevant factors or evidence are not colorable and thus do not invoke our jurisdiction. See 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)).

We lack jurisdiction to consider Flores-Valenzuela’s unexhausted contention that the agency did not use a proper future-oriented standard in making its hardship determination. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an alien’s administrative proceedings before the agency).

PETITION FOR REVIEW DISMISSED.