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Zavala-Morales v. Holder, 08-60523 (2009)

Court: Court of Appeals for the Fifth Circuit Number: 08-60523 Visitors: 59
Filed: Mar. 04, 2009
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 4, 2009 No. 08-60523 Summary Calendar Charles R. Fulbruge III Clerk SONIA ZAVALA-MORALES Petitioner v. ERIC H HOLDER, JR, U S ATTORNEY GENERAL Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 987 512 Before WIENER, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* Sonia Zavala-Morales, a native and citizen of Mexico, seeks a petition for
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            IN THE UNITED STATES COURT OF APPEALS
                     FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                     Fifth Circuit

                                                  FILED
                                                                   March 4, 2009
                                 No. 08-60523
                               Summary Calendar                Charles R. Fulbruge III
                                                                       Clerk

SONIA ZAVALA-MORALES

                                             Petitioner

v.

ERIC H HOLDER, JR, U S ATTORNEY GENERAL

                                             Respondent


                      Petition for Review of an Order of the
                         Board of Immigration Appeals
                               BIA No. A78 987 512


Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
        Sonia Zavala-Morales, a native and citizen of Mexico, seeks a petition for
review of an order of the Board of Immigration Appeals (BIA) denying her
application for hardship cancellation of removal pursuant to 8 U.S.C. § 1229b.
We dismiss the petition in part for lack of jurisdiction and deny the petition in
part.




        *
      Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5 TH C IR. R. 47.5.4.
                                  No. 08-60523

      We generally review only the BIA’s decision except to the extent that the
decision of the immigration judge (IJ) influences the BIA. Mikhael v. INS, 
115 F.3d 299
, 302 (5th Cir. 1997). We may review the IJ’s decision in the instant
case because the BIA adopted it. See Chun v. INS, 
40 F.3d 76
, 78 (5th Cir.
1994).
      We lack jurisdiction to review the IJ’s discretionary determination that
Zavala-Morales failed to demonstrate the “exceptional and extremely unusual
hardship” required for cancellation of removal under § 1229b. See 8 U.S.C.
§ 1252(a)(2)(B)(i); Sung v. Keisler, 
505 F.3d 372
, 377 (5th Cir. 2007); Rueda v.
Ashcroft, 
380 F.3d 831
, 831 (5th Cir. 2004). We reject Zavala-Morales’s attempt
to classify her disagreement with the weighing and consideration of the relevant
factors by the IJ as an issue of constitutional dimension.      See Hadwani v.
Gonzales, 
445 F.3d 798
, 801 (5th Cir. 2006). To the extent that Zavala-Morales
challenges the discretionary denial of her request for cancellation of removal, we
dismiss her petition for want of jurisdiction.
      Zavala-Morales’s claim that her due process rights were violated because
the IJ exhibited bias against her is unavailing. Our review of the record does not
show that the IJ held a “personal bias” against Zavala-Morales that arose from
an “extrajudicial source” or that the IJ’s conduct demonstrated “pervasive bias
and prejudice.” See Matter of Exame, 18 I & N Dec. 303, 306 (BIA 1982).
Zavala-Morales’s bias claim lacks merit, and we deny her petition for review on
this issue.
      DISMISSED IN PART FOR LACK OF JURISDICTION; DENIED IN
PART.




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Source:  CourtListener

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