NOT FOR PUBLICATION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