Mendez-Solorio

Mendez-Solorio v. Mukasey

Good Law
291 F. App'x 86
United States Court of Appeals for the Ninth CircuitAugust 22, 2008No. 04-74854California1,017 words

Opinion

Lead Opinion

MEMORANDUM ***

Rafael Mendez-Solorio (“Mendez”) petitions for review of an immigration judge’s (“IJ”) finding that he had reason to believe that Mendez was a drug trafficker or aided drug traffickers. We dismiss the petition for lack of jurisdiction. The parties are familiar with the facts in this case, so we do not recount them except where necessary for this disposition.

This court has jurisdiction over petitions for review that raise colorable constitutional claims or questions of law. 8 U.S.C. § 1252 (a)(2)(D). Questions of law, including due process claims, are reviewed de novo. Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005); Colmenar v. I.N.S., 210 F.3d 967, 971 (9th Cir.2000). This court also lacks jurisdiction to review certain orders of removal against criminal aliens. 8 U.S.C. § 1252 (a)(2)(C). “The appropriate way of measuring whether the IJ and BIA had ‘reason to believe’ ” that a petitioner is involved in drug trafficking is to review “whether substantial evidence supports such a conclusion.” Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000) (citation omitted).

*88 I. The IJ properly found he had “reason to believe” that Mendez was or had…

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