Socheata Chaing v. Eric Holder, Jr.

Good Law
505 F. App'x 639
United States Court of Appeals for the Ninth CircuitJanuary 16, 201311-73414California164 words

Opinion

MEMORANDUM

Gustavo Rafael Rivera-Rendon, 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 decision denying his application for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary denial of adjustment of status and Rivera-Rendon does not raise a colorable due process challenge to the BIA’s dispositive discretionary determination. See 8 U.S.C. § 1252 (a)(2)(B)(i); Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir.2006).

Rivera-Rendon’s remaining contentions are not properly before us because they concern portions of the immigration judge’s decision that the BIA did not rely upon. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir.2011) (review is limited to the grounds relied upon by the BIA).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.