Efrain Gomez Valenzuela v. Eric Holder, Jr.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT OCT 01 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS EFRAIN GOMEZ VALENZUELA, No. 12-72214 Petitioner, Agency No. A044-568-768 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 24, 2013 ** Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. Efrain Gomez Valenzuela, a native and citizen of Mexico and lawful permanent resident, petitions for review of the Board of Immigration Appeals’ order dismissing, upon reconsideration, his appeal from an immigration judge’s * 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). denial of cancellation of removal as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. We lack jurisdiction to review the agency’s determination that Gomez Valenzuela’s application for cancellation of removal did not warrant a favorable exercise of discretion. See 8 U.S.C. § 1252(a)(2)(B)(i) (barring review of denials of discretionary relief). Gomez Valenzuela’s contention that he was denied meaningful review is not supported by the record and therefore is not a colorable claim invoking our jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“[T]raditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”). PETITION FOR REVIEW DISMISSED. 2 12-72214