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Monroy-Olague v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 15, 2015
624 F. App'x 571 (9th Cir. 2015)

Opinion

No. 13-73794

12-15-2015

JOSE ALFONSO MONROY-OLAGUE, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A205-156-533 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

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

Jose Alfonso Monroy-Olague, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the agency's discretionary decision, pursuant to 8 U.S.C. § 1101(f) (final paragraph), that Monroy-Olague lacked good moral character. See Lopez-Castellanos v. Gonzales, 437 F.3d 848, 854 (9th Cir. 2006). Monroy-Olague's contention challenging the IJ's consideration of the equities in his case does not constitute a colorable constitutional claim or question of law that would invoke our jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); see also Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006) (while "[t]his court retains jurisdiction over petitions for review that raise colorable constitutional claims or questions of law," a petitioner may not attack a discretionary decision simply by phrasing his abuse of discretion challenge as a question of law).

PETITION FOR REVIEW DISMISSED.


Summaries of

Monroy-Olague v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 15, 2015
624 F. App'x 571 (9th Cir. 2015)
Case details for

Monroy-Olague v. Lynch

Case Details

Full title:JOSE ALFONSO MONROY-OLAGUE, Petitioner, v. LORETTA E. LYNCH, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 15, 2015

Citations

624 F. App'x 571 (9th Cir. 2015)