Jose Alberto Coreas-Guillen v. Eric H. Holder Jr.

Good Law
452 F. App'x 783
United States Court of Appeals for the Ninth CircuitOctober 6, 201108-72338California294 words

Opinion

Opinion

MEMORANDUM

Jose Alberto Coreas-Guillen, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and request for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (h). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary decision to deny Coreas-Guillen’s request for a 212(h) waiver. See 8 U.S.C. § 1252 (a)(2)(B); Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir.2007). Coreas-Guillen’s contentions that the BIA ignored its own precedent and applied an incorrect legal standard are not supported by the record and do not amount to color-able legal or constitutional claims over which we have jurisdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 979-80 (9th Cir.2009).

Substantial evidence supports the agency’s…

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