Carrion-Padilla

Carrion-Padilla v. Holder

Good Law
373 F. App'x 791
United States Court of Appeals for the Ninth CircuitApril 9, 201005-75735, 06-74997California292 words

Opinion

Opinion

MEMORANDUM

Petitioner Heleodoro Carrion-Padilla appeals the Board of Immigration Appeals’ (“BIA”) denial of suspension of deportation and denial of his motion to reopen the case. We dismiss in part and deny in part.

We lack jurisdiction to review a decision by the BIA denying an alien’s application for suspension of deportation in the exercise of discretion. 8 U.S.C. § 1252 (a)(2)(B)(i); see also Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009). We also lack jurisdiction to review the BIA’s decision not to act sua sponte to reopen Petitioner’s case. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002) (holding that this court has no jurisdiction to review the BIA’s decision not to invoke its sua sponte authority because that decision is committed to the BIA’s unfettered discretion).

However, we retain jurisdiction over constitutional claims. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Here, Petitioner fails to present a color-able constitutional violation that would give this court jurisdiction to review the denial of suspension of deportation. See id. (holding that a “petitioner must allege at least a colorable constitutional violation”).

The BIA…

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