Agonafer

MEMORANDUM

Daniel Agonafer appeals the order of the Board of Immigration Appeals denying Agonafer’s request for a waiver of inadmissibility under former § 212(c) of the Immigration and Nationality Act, determining that Agonafer is ineligible for withholding of removal because he was convicted of a particularly serious crime, and denying relief under the Convention Against Torture. We dismiss the petition for lack of jurisdiction as to the § 212(c) determination, and deny the petition as to the withholding of removal and CAT claims.

The BIA committed no legal error in denying Agonafer’s § 212(c) waiver application. The plain language of the BIA’s decision indicates that, in denying § 212(c) relief, the BIA properly considered all of the relevant factors and equities, as well as all of the evidence (including the new evidence submitted to reopen the proceedings). The BIA did not deny the waiver based on any one factor alone. Matter of Marin, 16 I. & N. Dec. 581, 584 (BIA 1978). Having determined that the BIA made no legal error, we lack jurisdiction to review the BIA’s discretionary denial of a § 212(c) waiver. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007).…