Johan TIOANDA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 404 F. App'x 227

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.