FILED

NOT FOR PUBLICATION JAN 16 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT GUSTAVO RAFAEL RIVERA- No. 11-72931 RENDON,

Agency No. A078-000-027

Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 15, 2013 ** Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.

Gustavo Rafael Rivera-Rendon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for adjustment of

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). status. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary denial of adjustment of status and Rivera-Rendon does not raise a colorable due process challenge to the BIA’s dispositive discretionary determination. See 8 U.S.C. § 1252(a)(2)(B)(i); Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006).

Rivera-Rendon’s remaining contentions are not properly before us because they concern portions of the immigration judge’s decision that the BIA did not rely upon. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (review is limited to the grounds relied upon by the BIA).

PETITION FOR REVIEW DISMISSED.

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