Vo

MEMORANDUM **

Bay Van Vo petitions for review of a Board of Immigration Appeals (BIA) order affirming an immigration judge’s decision denying Vo relief under former § 212(c) of the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a), and we dismiss in part and deny in part the petition for review.

1. We lack jurisdiction to review the denial of § 212(c) relief because it is a discretionary determination. 8 U.S.C. § 1252 (a)(2)(B). Although that jurisdictional limitation does not prohibit our “review of constitutional claims or questions of law raised upon a petition for review,” 8 U.S.C. § 1252 (a)(2)(D), Vo has not raised any such claims or questions. Vo’s argument that the Immigration Judge failed to properly weigh the equities is an attempt to “create the jurisdiction that Congress chose to remove simply by cloaking an abuse of discretion argument in constitutional garb.” Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001); see also Bazua-Cota v. Gonzales, 466 F.3d 747, 749 (9th Cir.2006) (“In an attempt to invoke our jurisdiction over this petition for review, Petitioner contends that the BIA…