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355 F. App'x 989

Delgado-Torres v. Holder

U.S. Courts of Appeals

Decided December 7, 2009

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U.S. Courts of Appeals · decided 2009-12-07

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Odom v. Microsoft Corp. · Mejia v. Gonzales

Decided 2009-12-07

¶1 MEMORANDUM …

¶2 Javier Delgado-Torres, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dis *990 missing his appeal from an immigration judge’s decision denying his application for a waiver of inadmissibility. We dismiss the petition for review.

¶3 We lack jurisdiction to review the agency’s discretionary decision to deny Delgado-Torres a waiver of inadmissibility under § 212(h) of the Immigration and Naturalization Act. See Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir.2007) (holding that 8 U.S.C. § 1252(a)(2)(B)(i) precludes the court from reviewing the agency’s decision under § 212(h)).

¶4 Delgado-Torres’ contention that the agency deprived him of due process by misapplying the law to the facts of his case is not supported by the record and does not state a colorable due process claim. See Bazua-Cota v. Gonzales, 466 F.3d 747, 749 (9th Cir.2006) (per curiam).

¶5 PETITION FOR REVIEW DISMISSED.

…

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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