Jose Ramos-Rodriguez v. Loretta E. Lynch

MEMORANDUM

Petitioner Jose Luis Ramos-Rodriguez seeks review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal of the denial of his application for an adjustment of status and for protection under the Convention Against Torture (CAT). We have jurisdiction in part pursuant to 8 U.S.C. § 1252 (a).

We lack jurisdiction to consider Ramos-Rodriguez’s petition for review of the denial of his application for an adjustment of status because he fails to allege a “color-able constitutional violation.” Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). As required by 8 C.F.R. § 1212.7 (d), both the Immigration Judge (IJ) and the BIA weighed the equities of Ramos-Rodriguez’s case before declining to grant him a waiver of inadmissability, and therefore not did apply a categorical rule in violation of his due process rights. Ramos-Rodriguez’s remaining arguments on this issue are “abuse of discretion ehal-lenge[s] re-characterized as ... alleged due process violation[s].” Bazua-Cota v. Gonzales, 466 F.3d 747, 749 (9th Cir.2006) (per curiam).

We deny Ramos-Rodriguez’s petition for review of the denial of his application for deferral of removal under CAT…