FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BONIFACIO SALADO BELLO, No. 09-71411
Petitioner, Agency No. A072-124-435
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Bonifacio Salado Bello, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for cancellation of removal.
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 conclusion on discretionary
grounds that Salado Bello lacks good moral character. See Bazua-Cota v.
Gonzales, 466 F.3d 747, 749 (9th Cir. 2006) (abuse of discretion challenges to
discretionary decisions, even if recast as due process claims, do not constitute
colorable constitutional claims).
We also lack jurisdiction to consider Salado Bello’s contentions that the
agency denied him due process by failing to consider his positive equities and by
not allowing his son to testify, because he failed to raise those issues before the
BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); Abebe v.
Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (en banc) (when a petitioner files a
brief before the BIA, the petitioner will “be deemed to have exhausted only those
issues he raised and argued in his brief before the BIA”).
PETITION FOR REVIEW DISMISSED.
2 09-71411