UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1291
LALIT BAHADUR BASNET,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: December 30, 2009 Decided: February 2, 2010
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Khagendra Gharti-Chhetry, CHHETRY & ASSOCIATES, P.C., New York,
New York, for Petitioner. Tony West, Assistant Attorney
General, Ernesto H. Molina, Jr., Assistant Director, Joanna L.
Watson, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lalit Bahadur Basnet, a native and citizen of Nepal,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s decision denying his requests for adjustment of status
and voluntary departure. Because the immigration judge denied
relief in the exercise of her discretion, we find that we lack
jurisdiction over the petition for review pursuant to 8 U.S.C.
§ 1252(a)(2)(B)(i) (2006). * Accordingly, we dismiss the petition
for review. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
PETITION DISMISSED
*
We note that Basnet fails to raise a colorable
constitutional claim or question of law that would fall within
the exception set forth in 8 U.S.C. § 1252(a)(2)(D) (2006).
Although he attempts to raise two due process claims, he cannot
establish that he has a property or liberty interest at stake.
See Dekoladenu v. Gonzales, 459 F.3d 500, 508 (4th Cir. 2006)
(holding that no property or liberty interest can exist where
the relief sought is discretionary).
2