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Bernabe v. Gerland

United States Court of Appeals, Ninth Circuit
Jan 26, 2022
No. 19-72156 (9th Cir. Jan. 26, 2022)

Opinion

19-72156

01-26-2022

JOSE ABRAHAM MARMOL BERNABE, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted January 19, 2022.[**]

On Petition for Review of an Order of the Agency No. A029-217-336, Immigration Judge.

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

MEMORANDUM [*]

Jose Abraham Marmol Bernabe, a native and citizen of El Salvador, petitions for review of an immigration judge's order affirming an asylum officer's negative credible fear determination issued in expedited removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

We generally lack jurisdiction to review expedited removal proceedings, including the determination that Marmol Bernabe did not establish a credible fear of persecution or torture. See 8 U.S.C. § 1252(a)(2)(A)(iii) ("[N]o court shall have jurisdiction to review" determinations made under 8 U.S.C. § 1225(b)(1)(B)); Guerrier v. Garland, 18 F.4th 304, 312-13 (9th Cir. 2021) (holding there is no "colorable constitutional claims" exception to the limits 8 U.S.C. § 1252(a)(2)(A) places on this court's review of expedited removal proceedings).

PETITION FOR REVIEW DISMISSED.

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


Summaries of

Bernabe v. Gerland

United States Court of Appeals, Ninth Circuit
Jan 26, 2022
No. 19-72156 (9th Cir. Jan. 26, 2022)
Case details for

Bernabe v. Gerland

Case Details

Full title:JOSE ABRAHAM MARMOL BERNABE, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 26, 2022

Citations

No. 19-72156 (9th Cir. Jan. 26, 2022)