Jose Reyes-Morfin v. Merrick Garland

U.S. Court of Appeals for the Ninth Circuit

Jose Reyes-Morfin v. Merrick Garland

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 26 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JOSE IGNACIO REYES-MORFIN, No. 20-73698

Petitioner, Agency No. A047-734-518

v. MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted January 19, 2022**

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

Jose Ignacio Reyes-Morfin, a native and citizen of Mexico, petitions pro se

for review of the Board of Immigration Appeals’ order sustaining the Department

of Homeland Security’s appeal from an immigration judge’s decision granting his

application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C.

* 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). § 1252. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary decision to deny

cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i); see also Szonyi v. Barr,

942 F.3d 874, 896 (9th Cir. 2019) (“This court lacks jurisdiction to review the

merits of a discretionary decision to deny cancellation of removal . . . .”). The

petition does not raise a colorable legal or constitutional claim over which we

retain jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

PETITION FOR REVIEW DISMISSED.

2 20-73698

Reference

Status
Unpublished