Lourdes Garcia Bernal v. Merrick Garland

FILED NOT FOR PUBLICATION FEB 14 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LOURDES GARCIA BERNAL, No. 21-70632 Petitioner, Agency No. A095-776-087 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 10, 2023** Pasadena, California Before: SCHROEDER, TALLMAN, and IKUTA, Circuit Judges. Petitioner Lourdes Garcia Bernal, a native and citizen of Mexico, timely petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming without opinion the results of the Immigration Judge’s denial of * 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). Petitioner’s application for cancellation of removal. This court lacks jurisdiction to review the agency’s discretionary determination of hardship. See 8 U.S.C. § 1252(a)(2)(B); Aguilar-Osorio v. Garland, 991 F.3d 997, 999 (9th Cir. 2021) (per curiam). Petitioner raises other challenges to the Immigration Judge’s handling of her case but failed to exhaust them before the BIA. See Bare v. Barr, 975 F.3d 952, 960 (9th Cir. 2020) (“Exhaustion requires a non-constitutional legal claim to the court on appeal to have first been raised in the administrative proceeds below, . . . , and to have been sufficient to put the BIA on notice of what was being challenged . . .”) (internal citations omitted). Because we lack jurisdiction to review any of the petitioner’s claims, we need not address whether the BIA’s decision was based upon alternate holdings. See Lanza v. Ashcroft, 389 F.3d 917, 924-25 (9th Cir. 2004). PETITION DISMISSED. 2