Joao Avelino Pedro v. Eric Holder, Jr.

Good Law
584 F. App'x 381
United States Court of Appeals for the Ninth CircuitJuly 30, 201412-73559California201 words

Opinion

Opinion

MEMORANDUM

Joao Avelino Meneses Pedro, a native and citizen of Portugal, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. We dismiss the petition for review.

Meneses Pedro’s undisputed removability for an aggravated-felony conviction under 8 U.S.C. § 1227 (a)(2)(A)(iii) limits our jurisdiction to colorable constitutional claims and questions of law. See 8 U.S.C. § 1252 (a)(2)(C)-(D); see also Ghahremani v. Gonzales, 498 F.3d 993 , 998 n. 5 (9th Cir.2007) (“[W]ithdrawal of judicial review over final orders of deportation also withdraws jurisdiction from motions ... to reopen deportation proceedings for those aliens deportable for having committed a crime enumerated in the statute.” (citation omitted)).

Meneses Pedro has failed to raise a colorable constitutional claim or question of law that would invoke our jurisdiction under 8 U.S.C. § 1252 (a)(2)(D). See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009) (“To be colorable in this context, the [constitutional claim or question of law] need not be substantial, but the claim must have some possible validity.” (citation omitted)).

PETITION FOR…

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.