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372 F. App'x 707

Joaquin 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

Decided 2010-03-24

¶1 MEMORANDUM

¶2 Franklin Gadat Joaquin, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying him relief under former section 212(c) of the Immigration and Nationality Act. We dismiss the petition for review.

¶3 We lack jurisdiction to review the IJ’s discretionary decision to deny Joaquin section 212(c) relief, and he does not raise a colorable constitutional claim to overcome this jurisdictional bar. See 8 U.S.C. § 1252(a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.2007) (“Discretionary decisions, including whether or not to grant § 212(c) relief, are not reviewable.”).

¶4 PETITION FOR REVIEW DISMISSED.

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

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