Ernesto De Vega v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Ernesto De Vega v. Eric Holder, Jr., 454 F. App'x 544 (9th Cir. 2011)

Ernesto De Vega v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ernesto Bayle De Vega, a native and citizen of the Philippines, petitions pro se *545 for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary denial of De Vega’s cancellation of removal application because De Vega has not raised a colorable constitutional or legal challenge to that determination. See Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir. 2009) (per curiam). In light of our disposition, we need not reach De Vega’s contentions regarding his statutory eligibility for cancellation of removal.

We also lack jurisdiction to review De Vega’s contention that the IJ violated due process by not granting him a continuance because he failed to exhaust it before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).

PETITION FOR REVIEW DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provid *545 ed by 9 th Cir. R. 36-3.

Reference

Full Case Name
Ernesto Bayle DE VEGA, A.K.A. Ernesto Bayle Vega, A.K.A. Ernie Devega, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished