Enrique Garcia v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Enrique Garcia v. Eric H. Holder Jr., 408 F. App'x 39 (9th Cir. 2011)
Goodwin, Wallace, Thomas

Enrique Garcia v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Enrique Alberto Garcia, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order sustaining the government’s appeal from an immigration judge’s (“U”) decision granting his application for relief *40 under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NA-CARA”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary denial of relief under NACARA. See NACARA, Pub.L. No. 105-100, § 203(b); see also 8 U.S.C. § 1252(a)(2)(B).

Contrary to Garcia’s contention, the BIA acted within its regulatory authority in reviewing the IJ’s factual findings for clear error. See 8 C.F.R. § 1003.1(d)(3)(i).

Garcia’s remaining contentions are unavailing.

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.

Reference

Full Case Name
Enrique Alberto GARCIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished