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Balbuena v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 1, 2013
540 F. App'x 739 (9th Cir. 2013)

Opinion

No. 11-71617 Agency No. A096-230-815

2013-10-01

ANGEL BALBUENA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.

Angel Balbuena, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's denial of adjustment of status as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

We lack jurisdiction to review the agency's discretionary denial of adjustment of status, see 8 U.S.C. § 1252(a)(2)(B)(i), and Balbuena does not raise a colorable due process challenge to this discretionary determination, see 8 U.S.C. § 1252(a)(2)(D); Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006).

In light of this disposition, we do not reach Balbuena's remaining contentions.

PETITION FOR REVIEW DISMISSED.


Summaries of

Balbuena v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 1, 2013
540 F. App'x 739 (9th Cir. 2013)
Case details for

Balbuena v. Holder

Case Details

Full title:ANGEL BALBUENA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 1, 2013

Citations

540 F. App'x 739 (9th Cir. 2013)