U.S. Court of Appeals for the Ninth Circuit, 2013

Efrain Gomez Valenzuela v. Eric Holder, Jr.

Efrain Gomez Valenzuela v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 1, 2013 · Rawlinson, Smith, Christen
540 F. App'x 745

Efrain Gomez Valenzuela v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Efrain Gomez Valenzuela, a native and citizen of Mexico and lawful permanent resident, petitions for review of the Board of Immigration Appeals’ order dismissing, upon reconsideration, his appeal from an immigration judge’s denial of cancellation of removal as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

We lack jurisdiction to review the agency’s determination that Gomez Valenzuela’s application for cancellation of removal did not warrant a favorable exercise of discretion. See 8 U.S.C. § 1252(a)(2)(B)© (barring review of denials of discretionary relief). Gomez Valenzuela’s contention that he was denied meaningful review is not supported by the record and therefore is not a colorable claim invoking our jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas v. Gonzales, 424 F.8d 926, 980 (9th Cir. 2005) (“[TJraditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our jurisdiction.”).

PETITION FOR REVIEW DISMISSED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.