Jose Salcido-Rios v. Loretta E. Lynch

Good Law
604 F. App'x 605
United States Court of Appeals for the Ninth CircuitMay 20, 201513-71265California265 words

Opinion

Opinion

MEMORANDUM

Jose Guadalupe Salcido-Rios, 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 decision denying his applications for adjustment of status and a waiver of inadmissibility under former section 212(c) of the Immigration and Nationality Act, and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

This court generally lacks jurisdiction to review the agency’s discretionary denial of a waiver under former section 212(c). See 8 U.S.C. § 1252 (a)(2)(B)(ii). Although we retain jurisdiction over questions of law, see 8 U.S.C. § 1252 (a)(2)(D), Salcido-Rios’ contention that the agency erred as a matter of law by failing to consider all the relevant factors-in exercising its discretion is unavailing. Salcido-Rios’ remaining challenges to the agency’s discretionary denial of a waiver under section 212(c) are not colorable constitutional or legal challenges that would invoke our jurisdiction.…

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