Vadim Savinskiy v. Eric Holder, Jr.

MEMORANDUM

Vadim Vladimirovich Savinskiy, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law. Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Savinskiy’s contention that the agency erred by disregarding or mischaracterizing the evidence he submitted in support of his application for cancellation of removal is unavailing. See Almaghzar v. Gonzales, 457 F.3d 915, 922 (9th Cir.2006) (agency did not err where it did not refuse consideration of the evidence and decision stated that agency considered the evidence, whether or not it was specifically mentioned).

We lack jurisdiction over Savinskiy’s contention that the agency committed legal error by failing to adhere to its own precedent in denying his cancellation application in the exercise of discretion. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (a petitioner’s claim that the IJ misapplied precedent in making a…