GEORGINA MARTINEZ QUEZADA v. LORETTA LYNCH (2016)

MEMORANDUM*

Georgina Martinez Quezada, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's decision denying relief. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency's discretionary denial of voluntary departure. See Gil v. Holder, 651 F.3d 1000, 1003 (9th Cir. 2011), overruled on other grounds by Moncrieffe v. Holder, 133 S.Ct. 1678 (2013). Martinez Quezada's contention that the agency did not consider both positive and negative factors in evaluating whether to grant voluntary departure lacks support in the record and is not sufficiently colorable to invoke our jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (absent a colorable legal or constitutional claim, the court lacks jurisdiction to review discretionary determinations (citation omitted)).

In light of the discretionary denial of voluntary departure, the agency did not err in declining to address Martinez Quezada's statutory eligibility for voluntary departure. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.