Jose Garcia v. William Barr

U.S. Court of Appeals for the Ninth Circuit

Jose Garcia v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 21 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JOSE LUIS GARCIA, AKA Jose Luis No. 16-71889 Garcia Morales, Agency No. A092-263-093 Petitioner,

v. MEMORANDUM*

WILLIAM P. BARR, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 19, 2019**

Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the

Board of Immigration Appeals’ reissued decision adopting and affirming an

immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.

§ 1252. We dismiss the petition for review.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Assuming the agency’s denial of a waiver of inadmissibility under former

INA § 212(c) is under review, we lack jurisdiction to review this discretionary

determination. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.

2007). Garcia does not raise a colorable legal or constitutional claim to invoke our

jurisdiction. See id. (abuse of discretion challenges, even if cast as legal errors, are

not colorable claims).

PETITION FOR REVIEW DISMISSED.

2 16-71889

Reference

Status
Unpublished