Efren Cervantes v. Eric Holder, Jr.

Good Law
593 F. App'x 705
United States Court of Appeals for the Ninth CircuitFebruary 20, 201511-70189California451 words

Opinion

Opinion

MEMORANDUM

Petitioner Efren Cervantes (Cervantes), a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary decision denying a waiver of inadmissibility as provided for in 8 U.S.C. § 1182 (h)(1)(B), because Cervantes does not raise a colorable due process claim or question of law. See 8 U.S.C. § 1252 (a)(2)(B)(i); see also Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009).

Because Cervantes did not raise before the BIA his argument that the IJ failed to specify the evidence upon which the IJ relied in weighing the seriousness of Cervantes’ crimes, the argument is waived. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). In any event, the IJ’s written decision reflects the evidence relied upon, leaving Cervantes’ argument “so insubstantial and frivolous” as to deprive the panel of jurisdiction to review it. Mendez-Castro, 552 F.3d at 979 (quoting Barco-Sandoval v. Gonzales, 516 F.3d 35, 40 (2d Cir.2008)).

Cervantes’ contention that the BIA deprived…

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