Efrain Gomez Valenzuela v. Eric Holder, Jr.

Good Law
540 F. App'x 745
United States Court of Appeals for the Ninth CircuitOctober 1, 201312-72214California181 words

Opinion

Opinion

MEMORANDUM

Efrain Gomez Valenzuela, a native and citizen of Mexico and lawful permanent resident, petitions for review of the Board of Immigration Appeals’ order dismissing, upon reconsideration, his appeal from an immigration judge’s denial of cancellation of removal as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.

We lack jurisdiction to review the agency’s determination that Gomez Valenzuela’s application for cancellation of removal did not warrant a favorable exercise of discretion. See 8 U.S.C. § 1252 (a)(2)(B)© (barring review of denials of discretionary relief). Gomez Valenzuela’s contention that he was denied meaningful review is not supported by the record and therefore is not a colorable claim invoking our jurisdiction. See 8 U.S.C. § 1252 (a)(2)(D); Martinez-Rosas v. Gonzales, 424 F.8d 926, 980 (9th Cir.2005) (“[TJraditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as…

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