From Casetext: Smarter Legal Research

Gill v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 865 (9th Cir. 2012)

Opinion

No. 11-70756 Agency No. A072-683-982

10-15-2012

GURBIR SINGH GILL, a.k.a. Baldev Singh, 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NOT FOR PUBLICATION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, MURGUIA, and WATFORD, Circuit Judges.

Gurbir Singh Gill, a native and citizen of India, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency's discretionary decision to deny Singh Gill's application for a section 212(i) waiver where Singh Gill fails to raise a colorable constitutional claim or question of law. See Corona-Mendez v. Holder, 593 F.3d 1143, 1146 (9th Cir. 2010) (no court has jurisdiction to review any discretionary judgment regarding 212(i), unless review of the petition involves constitutional claims or questions of law).

Singh Gill's contention that the IJ violated due process by failing to adjudicate his applications for asylum, withholding of removal, and protection under the Convention Against Torture is not supported by the record because Singh Gill waived or abandoned those applications for relief. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error and substantial prejudice to establish a due process violation).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.


Summaries of

Gill v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 865 (9th Cir. 2012)
Case details for

Gill v. Holder

Case Details

Full title:GURBIR SINGH GILL, a.k.a. Baldev Singh, Petitioner, v. ERIC H. HOLDER…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 865 (9th Cir. 2012)