Obdalla
Obdalla v. Holder
Opinion
Opinion
MEMORANDUM
In these consolidated petitions for review, Kalil Obdalla, a native and citizen of Lebanon, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s removal order and denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and due process claims, for abuse of discretion the denial of a motion to reconsider, and for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss in part and deny in part the petition for review in No. 05-76683, and deny the petition for review in No. 06-70637.
This court generally lacks jurisdiction to review the agency’s discretionary denial of a waiver under section 212(c). See 8 U.S.C. §§ 1252 (a)(2)(B)(ii), (a)(2)(D). Although we retain jurisdiction over Obdal-la’s claim that the agency erred by relying solely on a pre-sentence investigation report to establish his lack of credibility, this claims fails because it is not supported by the record. Furthermore, the admission of the pre-sentence investigation report did not violate due process where it…