Obdalla

Obdalla v. Holder

Good Law
535 F. App'x 639
United States Court of Appeals for the Ninth CircuitAugust 1, 201305-76683, 06-70637California452 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.