Xavier Mabale v. Eric Holder, Jr.

MEMORANDUM

Xavier Mabale, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We dismiss the petition for review.

We lack jurisdiction to review Mabale’s challenge to the BIA’s determination that the evidence he submitted with his motion to reopen did not alter its previous decision to deny his application for a waiver of inadmissibility under 8 U.S.C. § 1182 (h) as a matter of discretion. See Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir.2007) (we lack jurisdiction to review the discretionary denial of a waiver under 8 U.S.C. § 1182 (h)); Fernandez v. Gonzales, 439 F.3d 592, 602 (9th Cir.2006) (under 8 U.S.C. § 1252 (a)(2)(B)(i), we lack jurisdiction over motions to reopen regarding cases in which the agency has already “made a prior .discretionary determination concerning the relief sought”). Mabale has not raised a colorable legal or constitutional claim that would restore our jurisdiction. See 8 U.S.C. § 1252 (a)(2)(D).

The motion of Mabale’s retained counsel, Ahmed M. Abdallah, to withdraw as counsel of record is granted. The Clerk shall enter on the docket petitioner, 1540 E. Cornfield Ln.,…