Baires-Chaves

MEMORANDUM **

Alex Andronico Baires-Chavez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for relief under former § 212(c) of the Immigration and Nationality Act. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the discretionary decision to deny Baires-Chavez § 212(c) relief. See 8 U.S.C. § 1252 (a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007) (“Discretionary decisions, including whether or not to grant § 212(c) relief, are not reviewable.”). Baires-Chavez’s contentions that the agency improperly weighed the factors in his case, and that the BIA improperly considered his criminal offense, do not state colorable due process claims. See 8 U.S.C. § 1252 (a)(2)(B), (D); Vargas-Hernandez, 497 F.3d at 923 .

We reject Baires-Chavez’s contention that the BIA violated due process by acting ultra vires. See 8 C.F.R.…