Jose Parra-Valenzuela v. Eric Holder, Jr.

MEMORANDUM

Jose Luis Parra-Valenzuela petitions for review of the Board of Immigration Appeals’ denial of his application for cancellation of removal. See 8 U.S.C. § 1229b(b)(l). We deny the petition.

(1) In general, we do not have jurisdiction to review decisions “regarding the granting of relief under section ... 1229b.” 8 U.S.C. § 1252 (a)(2)(B)®. However, there is an exception for “constitutional claims or questions of law.” Id. § 1252(a)(2)(D); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

(2) Parra asserts that the BIA committed legal error when it determined that he had not shown good moral character because he engaged in marriage fraud. We disagree. Marriage fraud is a factor that the BIA can consider when it exercises its discretion regarding good moral character. See 8 U.S.C. § 1101 (f) (final paragraph, catch-all provision); see also Limsico v. INS, 951 F.2d 210, 213-14 (9th Cir.1991). The record shows that the only character evidence before the BIA was the undisputed evidence that Parra had committed marriage fraud, and we lack jurisdiction to review its discretionary decision that he, therefore, lacked good moral character. To the extent…