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372 F. App'x 701

Lomeli-Robles v. Holder

U.S. Courts of Appeals

Decided March 24, 2010

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U.S. Courts of Appeals · decided 2010-03-24

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

Relies on Vargas-Hernandez v. Gonzales · Mielewczyk v. Holder

Decided 2010-03-24

¶1 MEMORANDUM

¶2 Raul Lomeli-Robles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for relief under former § 212(c) of the Immigration and Nationality Act. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, Mielewczyk v. Holder, 575 F.3d 992, 994 (9th Cir.2009), and we dismiss in part and deny in part the petition for review.

¶3 We lack jurisdiction to review the IJ’s discretionary denial of Lomeli-Robles’ application for § 212(c) relief. See 8 U.S.C. § 1252(a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007).

¶4 Lomeli-Robles’ contention that the IJ applied an incorrect legal standard in adjudicating his application for § 212(c) relief is not persuasive.

¶5 PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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

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