German Ortiz-Ramirez v. Eric Holder, Jr.

Good Law
505 F. App'x 638
United States Court of Appeals for the Ninth CircuitJanuary 16, 201311-72630California246 words

Opinion

Opinion

MEMORANDUM

German Ricardo Ortiz-Ramirez, a native and citizen of El Salvador, petitions for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying Ortiz-Ramirez’s applications for adjustment of status and voluntary departure. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary denial of adjustment of status or voluntary departure. See 8 U.S.C. § 1252 (a)(2)(B)®; Gil v. Holder, 651 F.3d 1000, 1006 (9th Cir.2011) (voluntary departure); Bazua-Cota v. Gonzales, 466 F.3d 747, 748 (9th Cir.2006) (per cu-riam) (adjustment of status). Ortiz-Ramirez’s contentions that the agency improperly relied on a probation report in its discretionary analysis and applied an incorrect discretionary standard to his case do not present colorable constitutional claims or questions of law sufficient to restore our jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) and are not supported by the record. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009) (“To be colorable in this context, ... the claim [or question] must have some possible validity.” (internal quotation marks and citation…

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