Edmund Duda v. Eric H. Holder Jr.

MEMORANDUM

Edmund Duda petitions for review of the decision by the Board of Immigration Appeals (BIA) dismissing his appeal of the Immigration Judge’s denial of his application for a waiver of inadmissibility and adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we dismiss in part and deny in part Duda’s petition for review.

1. We lack jurisdiction to review the BIA’s denial of § 212(c) relief. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007) (citing 8 U.S.C. § 1252 (a)(2)(B)(ii)). In three separate orders, the BIA concluded that Duda did not merit a favorable exercise of discretion, therefore he was ineligible for a § 212(c) waiver. Duda does not challenge the BIA’s denial on any constitutional or legal grounds. Nor does he assert that the BIA failed to balance all the favorable and unfavorable factors when determining whether he was entitled to relief under former § 212(c). See Zheng v. Holder, 644 F.3d 829, 833 (9th Cir.2011). Thus, we lack jurisdiction to reconsider the BIA’s discretionary decision to deny § 212(c) relief. Because we lack jurisdiction, we need not address the merits of the remaining issues related to the §…