U.S. Court of Appeals for the Ninth Circuit, 2008

Arce-Valdez v. Mukasey

U.S. Court of Appeals for the Ninth Circuit · Decided March 25, 2008

271 F. App'x 620

Counsel

David B. Landry, San Diego, CA, for Petitioner., Richard M. Evans, Andrew Oliveira, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion of the Court

MEMORANDUM **

Marco Antonio Arce-Valdez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to seek relief pursuant to former Immigration and Nationality Act § 212(c). We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1039-40 (9th Cir. 2007), and we deny the petition for review.

We reject Arce-Valdez’s constitutional challenge to 8 C.F.R. § 1003.44(k)(2). See id. at 1041.

We need not reach Arce-Valdez’s remaining contentions.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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