U.S. Court of Appeals for the Ninth Circuit, 2009

Delgado-Torres v. Holder

Delgado-Torres v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided December 7, 2009 · Alarcón, Trott, Tashima
355 F. App'x 989

Delgado-Torres v. Holder

Opinion

MEMORANDUM **

Javier Delgado-Torres, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dis *990 missing his appeal from an immigration judge’s decision denying his application for a waiver of inadmissibility. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary decision to deny Delgado-Torres a waiver of inadmissibility under § 212(h) of the Immigration and Naturalization Act. See Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir. 2007) (holding that 8 U.S.C. § 1252(a)(2)(B)(i) precludes the court from reviewing the agency’s decision under § 212(h)).

Delgado-Torres’ contention that the agency deprived him of due process by misapplying the law to the facts of his case is not supported by the record and does not state a colorable due process claim. See Bazua-Cota v. Gonzales, 466 F.3d 747, 749 (9th Cir. 2006) (per curiam).

PETITION FOR REVIEW DISMISSED.

**

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

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