Angel Balbuena v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION OCT 01 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ANGEL BALBUENA, No. 11-71617 Petitioner, Agency No. A096-230-815 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. Angel Balbuena, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s denial of adjustment of status as a matter of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. * 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). We lack jurisdiction to review the agency’s discretionary denial of adjustment of status, see 8 U.S.C. § 1252(a)(2)(B)(i), and Balbuena does not raise a colorable due process challenge to this discretionary determination, see 8 U.S.C. § 1252(a)(2)(D); Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006). In light of this disposition, we do not reach Balbuena’s remaining contentions. PETITION FOR REVIEW DISMISSED. 2 11-71617