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

Lomeli-Robles v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided March 24, 2010 · Schroeder, Pregerson, Rawlinson

372 F. App'x 701

Counsel

Camille K. Cook, Esq., Jeremy M. Ga-són, Esq., Robert W. Yarra, PLC, Fresón, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of The District Counsel Department of Homeland Security, San Francisco, CA, District Counsel, Office of The District Chief Counsel U.S. Department of Homeland Security, Phoenix, AZ, Eric W. Mar-steller, Esq., DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion

MEMORANDUM **

Raul Lomeli-Robles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for relief under former § 212(c) of the Immigration and Nationality Act. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, Mielewczyk v. Holder, 575 F.3d 992, 994 (9th Cir. 2009), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary denial of Lomeli-Robles’ application for § 212(c) relief. See 8 U.S.C. § 1252(a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007).

Lomeli-Robles’ contention that the IJ applied an incorrect legal standard in adjudicating his application for § 212(c) relief is not persuasive.

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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