Opinion
No. 06-74375.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 19, 2008.
James Todd Bennett, Esq., El Cerrito, CA, for Petitioner.
Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Anthony C. Payne, Esq., Jesse Bless, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A90-684-137.
Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Eduardo Gomez-Villanueva, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") 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 and claims of due process violations, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review Gomez-Villanueva's challenge to the BIA's discretionary denial of a § 212(c) waiver. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007) ("Discretionary decisions, including whether or not to grant § 212(c) relief, are not reviewable. 8 U.S.C. § 1252(a)(2)(B)(ii).").
We need not reach Gomez-Villanueva's contention that the BIA erred by failing to apply Matter of Blake, 23 I. N. Dec. 722 (BIA 2005), as the BIA's discretionary determination is dispositive.
Gomez-Villanueva's contention regarding the IJ's failure to issue an oral or written decision on remand is unavailing because the BIA remanded solely for the IJ to enter a final order of removal pursuant to Molina-Camacho v. Ashcroft, 393 F.3d 937 (9th Or.2004), overruled by Lo-long v. Gonzales, 484 F.3d 1173 (9th Cir. 2007) (en banc).