Lodhie v. Holder

331 F. App'x 437

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 14, 2009
• Docket: No. 06-73070
• Status: Published

Opinions

MEMORANDUM

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Petitioner Javaid Lodhie petitions for review from a final order of the Board of Immigration Appeals (“BIA”) denying his request for cancellation of removal.

1. We lack jurisdiction over the petition for review pursuant to 8 U.S.C. § 1252(a)(2)(B)(i) because Petitioner challenges a discretionary decision — the denial of his application for cancellation of removal in the exercise of discretion. We lack jurisdiction to review a decision by the BIA denying an alien’s application for cancellation of removal in the exercise of discretion. Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009).

2. Petitioner has not set forth a color-able constitutional claim over which we could otherwise exercise jurisdiction. See id. (holding that “any challenge of an [immigration judge’s] discretionary determination must present a colorable claim” in order for this court to exercise jurisdiction (citing Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005))).

PETITION DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.