Londono

Londono v. Mukasey

Good Law
292 F. App'x 562
United States Court of Appeals for the Ninth CircuitSeptember 8, 2008No. 07-72274California346 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Mario Londono, a native and citizen of Colombia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for lawful permanent resident cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims. Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

The agency denied Londono’s cancellation of removal application in the exercise of discretion. We lack jurisdiction to review this determination. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003) (“We [have] interpreted [ 8 U.S.C. § 1252 (a)(2)(B)(i)] to encompass all discretionary decisions involved in the cancellation of removal context, including the ultimate discretionary decision to deny relief.”); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005).

Londono contends that he was denied a full and fair hearing because the IJ failed to advise him to apply for asylum and voluntary departure. We agree with the BIA that Londono was not prejudiced. He…

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