Garcia

Garcia v. Holder

Good Law
328 F. App'x 431
United States Court of Appeals for the Ninth CircuitJuly 1, 2009No. 07-70418California585 words

Opinion

Lead Opinion

MEMORANDUM *

Javier Delgadillo Garcia (“Delgadillo”) petitions for review from decisions of the Board of Immigration Appeals (“BIA”) that denied Delgadillo a waiver of inadmissibility under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c), and dismissed his appeal from an Immigration Judge’s (“IJ”) order of removal. We lack jurisdiction over Delga-dillo’s petition for review of these decisions. Accordingly, we dismiss the petition.

We do not have jurisdiction to review an Id’s discretionary decision whether to grant relief under former section 212(c). Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007) (citing 8 U.S.C. § 1252 (a)(2)(B)(ii)). While the REAL ID Act of 2005 restored judicial review of “constitutional claims or questions of law” presented in a petition for review from such decisions, see 8 U.S.C. § 1252 (a)(2)(D), any challenge on these grounds must present a “colorable” constitutional claim or question of law. Vargas-Hernandez, 497 F.3d at 921 .

Delgadillo makes four arguments related to the BIA’s denial of his application for a section 212(c) waiver, but none present a colorable constitutional claim or question of law.…

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