Cristobal Cabrera-Flores v. Loretta E. Lynch

MEMORANDUM

Cristobal Cabrera-Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for adjustment of status as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Contrary to Cabrera-Flores’ contention, the agency applied the correct legal standards in determining that he did not warrant a favorable exercise of discretion. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923-24 (9th Cir.2007) (for discretionary determinations, the agency should consider and weigh all relevant factors); Matter of Edwards, 20 I. & N. Dec. 191, 196 (BIA 1990) (applications for discretionary relief “must be evaluated on a case-by-case basis, with rehabilitation a factor to be considered in the exercise of discretion.”).

Also contrary to Cabrera-Flores’ contentions, the agency did not err by considering his 2006 arrest report in its discretionary analysis, see…