J. Lopez-Cervantes v. Eric Holder, Jr.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT AUG 16 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS J. JESUS LOPEZ-CERVANTES, a.k.a. No. 12-71167 Jesus Lopez Cervantes, a.k.a Jesus Cervantes-Lopez, Agency No. A075-128-451 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 14, 2013 ** Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges. J. Jesus Lopez-Cervantes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming a decision of an immigration judge (“IJ”) denying his application for cancellation of removal * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). in the exercise of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the IJ’s denial of cancellation of removal in the exercise of discretion. See Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir. 2009) (per curiam). Moreover, Lopez-Cervantes’s contention that the agency failed to consider his evidence is not a sufficiently colorable constitutional claim or question of law to trigger our jurisdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir. 2009) (“To be colorable in this context, the violation need not be substantial, but the claim must have some possible validity.” (citation and internal quotation marks omitted)). PETITION FOR REVIEW DISMISSED. 2 12-71167