Navarro-Pelayo
Navarro-Pelayo v. Ashcroft
Opinion
Lead Opinion
*663 MEMORANDUM **
Guillermo Navarro-Pelayo, a 38-year-old native and citizen of Mexico, petitions for review of a final order of the Board of Immigration Appeals, affirming without opinion the Immigration Judge’s (“Id’s”) denial of Navarro’s request for permission to withdraw his application for admission to the United States and his motion to terminate removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 (a)(1); we review the Id’s decision as the final agency action, see 8 C.F.R. § 1003.1 (a)(7); Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003); and we affirm.
As an alternative ground for his decision, the Id assumed that he had the authority absent the consent of the INS to grant Navarro permission to withdraw his application for admission. In light of Navarro’s adverse immigration history, however, the Id decided not to exercise its discretion to grant the requested relief. See 8 U.S.C. § 1225 (a)(4). Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, we lack jurisdiction to review the Id’s discretionary decision to deny relief. 8 U.S.C. § 1252 (a)(2)(B). See, e.g., Falcon Carriche, 350 F.3d at 853 .