Lavin-Delgado v. Holder

360 F. App'x 793
Court of Appeals for the Ninth Circuit·Decided December 28, 2009·No. No. 06-73498·Published

Opinion

MEMORANDUM **

Javier Lavin-Delgado, 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 order denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary good moral character determination. See 8 U.S.C. § 1252(a)(2)(B)(i); see also Lopez-Castellanos v. Gonzales, 437 F.3d 848, 854 (9th Cir.2006) (no jurisdiction to review discretionary good moral character determinations of agency).

Lavin-Delgado’s due process contention is not colorable, so it does not invoke our jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).

PETITION FOR REVIEW DISMISSED.

Footnotes

Free access — add to your briefcase to read the full text and ask questions with AI

Lavin-Delgado v. Holder, 360 F. App'x 793 (9th Cir. 2009).

360 F. App'x 793 (Lavin-Delgado v. Holder) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related