Opinion
No. 05-72392.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 24, 2010.
Roni Rotholz, Esq., Law Office of Roni Rogholz, Walnut Creek, CA, for Petitioner.
Lyle Davis Jentzer, Esquire, OIL, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A041-874-383.
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Franklin Gadat Joaquin, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' order summarily affirming an immigration judge's ("IJ") decision denying him relief under former section 212(c) of the Immigration and Nationality Act. We dismiss the petition for review.
We lack jurisdiction to review the IJ's discretionary decision to deny Joaquin section 212(c) relief, and he does not raise a colorable constitutional claim to overcome this jurisdictional bar. See 8 U.S.C. § 1252(a)(2)(B)(ii); 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.").