Cristobal Campos-Avalos v. Loretta E. Lynch

MEMORANDUM

Cristobal Campos-Avalos, 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 denial of his applications for a waiver of inadmissibility and for relief under the Convention Against Torture (“CAT”), 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), and review for substantial evidence the agency’s factual findings, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003); We deny in part and dismiss in part the petition for review.

We lack jurisdiction to review the agency’s discretionary decision to deny a waiver under former INA § 212(c). Vargas-Hernandez, 497 F.3d at 923 (citing 8 U.S.C. § 1252 (a)(2)(B)(ii)). Although this Court retains jurisdiction to review color-able questions of law or constitutional claims, see 8 U.S.C. § 1252 (a)(2)(D), Campos-Avalos’s contention that the agency failed to consider all the relevant factors in exercising its discretion is not supported by the record. Mendez-Castro v. Muka-sey, 552 F.3d 975, 979-80…