GARCIA AKA v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Jose Luis GARCIA, AKA Jose Luis Garcia Morales, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 16-71889

Decided: February 21, 2019

Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Lauren Cusitello, Esquire, Crossroads Justice Center of San Diego, San Diego, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Karen L. Melnik, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ reissued decision adopting and affirming an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

Assuming the agency’s denial of a waiver of inadmissibility under former INA § 212(c) is under review, we lack jurisdiction to review this discretionary determination. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007). Garcia does not raise a colorable legal or constitutional claim to invoke our jurisdiction. See id. (abuse of discretion challenges, even if cast as legal errors, are not colorable claims).

PETITION FOR REVIEW DISMISSED.

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