Pena-Gutierrez

Lopez-Navarrete v. Holder

Good Law
405 F. App'x 135
United States Court of Appeals for the Ninth CircuitNovember 30, 201007-75023California240 words

Opinion

Opinion

MEMORANDUM

Luis Hector Lopez-Navarrete, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

The IJ properly denied Lopez-Navarrete’s motion to terminate because LopezNavarrete failed to obtain an affirmative statement of prima facie eligibility for naturalization from the government. See Hernandez de Anderson v. Gonzales, 497 F.3d 927, 933-35 (9th Cir.2007); 8 C.F.R. § 1239.2 (f).

We lack jurisdiction to review the agency’s discretionary denial of relief under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c) (repealed 1996). See 8 U.S.C. § 1252 (a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007). Lopez-Navarrete’s contention that in making its decision the agency failed to consid er all the relevant factors is not supported by the record and does not amount to a colorable claim over which we have jurisdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir.2009).

We lack…

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