U.S. Court of Appeals for the Ninth Circuit, 2010

Monterrosa v. Holder

Monterrosa v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 1, 2010 · Canby, Thomas, Fletcher
380 F. App'x 733

Monterrosa v. Holder

Opinion

MEMORANDUM **

Raul E. Monterrosa, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, including due process claims, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary denial of Monterrosa’s application for relief under section 212(c) of the Immigration and Nationality Act. See 8 U.S.C. § 1252(a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007) (“Discretionary decisions, including whether or not to grant § 212(c) relief, are not reviewable.”).

Monterrosa’s contention that the BIA applied an incorrect legal standard in adjudicating his application for section 212(c) relief is not persuasive. His remaining contentions regarding agency bias are not supported by the record.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

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

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