Abrahamyan
Abrahamyan v. Garland
Opinion
Opinion
facts and recite them only as necessary. “Where, as here, the BIA agrees with the
IJ’s reasoning, we review both decisions.” Garcia-Martinez v. Sessions, 886 F.3d
1291, 1293 (9th Cir. 2018). We have jurisdiction pursuant to 8 U.S.C. § 1252(a),
but our review of the agency’s discretionary adjustment-of-status determination is
limited to “constitutional claims” and “questions of law,” 8 U.S.C.
§ 1252(a)(2)(B), (D). To invoke the court’s jurisdiction, a constitutional or legal
claim must be “colorable,” i.e., “the claim must have some possible validity.”
Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir. 2009) (quoting Martinez-
Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005)).
We dismiss the petition because Petitioners have not advanced a colorable
argument that the agency committed a legal or constitutional error by denying
Abrahamyan’s application for adjustment of status on the ground that Abrahamyan
failed to show that she was statutorily eligible for discretionary relief. Petitioners
argue that the agency violated Abrahamyan’s due process rights by relying on
allegedly unauthenticated exhibits. To succeed on a due process challenge,
1 The BIA noted that…