Arenas-Celaya

MEMORANDUM **

Petitioner Pedro Arenas-Celaya, a native and citizen of Mexico, was deemed removable pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii) and (a)(1)(A). He requested a waiver of deportation as provided by § 212(c) of the Immigration and Nationality Act. 1 8 U.S.C. § 1182 (c). The immigration judge (“IJ”) denied § 212(c) relief, and the Board of Immigration Appeals affirmed. Petitioner timely petitioned for review.

We are precluded from reviewing discretionary orders under § 212(c) by 8 U.S.C. § 1252 (a)(2)(B)(ii). We retain jurisdiction over constitutional claims even in the context of such discretionary decisions. 8 U.S.C. § 1252 (a)(2)(D). Petitioner raises no colorable due process claim in his petition for review. His first argument, that the IJ drew an improper adverse credibility inference from his refusal to testify regarding certain criminal arrests, is unsupported by law. See United States v. Alderete-Deras, 743 F.2d 645, 647 (9th Cir. 1984) (holding that “[although an alien may assert his fifth amendment right to refuse to answer questions in a deportation hearing if the answers would incriminate him on a criminal matter, his refusal to testify may form the basis of…