Juan Torres-Vasquez v. William Barr

Court of Appeals for the Ninth Circuit·Decided June 10, 2020·No. 19-71560·Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 10 2020 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN DAVID TORRES-VASQUEZ, No. 19-71560 Petitioner, Agency No. A203-290-712

v.

MEMORANDUM*

WILLIAM P. BARR, Attorney General,

Respondent.

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

Submitted June 2, 2020**

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

Juan David Torres-Vasquez, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying a waiver of inadmissibility. We dismiss the petition for review.

We lack jurisdiction to review the agency’s discretionary decision denying a

*

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).

waiver of inadmissibility under 8 U.S.C. § 1182(h)(1)(B), where Torres-Vasquez does not raise a colorable due process claim or question of law. See 8 U.S.C. § 1252(a)(2)(B)(i); Mendoza v. Holder, 623 F.3d 1299, 1302 (9th Cir. 2010). We also lack jurisdiction to review Torres-Vasquez’s unexhausted contention that the IJ should have allowed him additional opportunity to submit corroborating evidence. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court “lack[s] jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”).

Torres-Vasquez’s motion for a stay of removal is denied as moot.

PETITION FOR REVIEW DISMISSED.

2 19-71560

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Related

Tijani v. Holder
628 F.3d 1071 (Ninth Circuit, 2010)
Mendoza v. Holder
623 F.3d 1299 (Ninth Circuit, 2010)