FILED
NOT FOR PUBLICATION DEC 28 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SILVIANO RUIZ PEREZ, No. 06-74148
Petitioner, Agency No. A079-586-741
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Silviano Ruiz Perez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
*
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).
RB/Research
immigration judge’s (“IJ”) order denying his application for adjustment of status
and waiver under 8 U.S.C. § 1182(i). We dismiss the petition for review.
We generally lack jurisdiction by statute to review the agency’s
discretionary decision to deny a waiver under 8 U.S.C. § 1182(i). See 8
U.S.C. § 1182(i)(2) (“No court shall have jurisdiction to review a decision on
action of the Attorney General regarding a waiver under paragraph 1”). Ruiz
Perez’s due process challenge does not amount to a colorable constitutional claim
that would invoke our jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926,
930 (9th Cir. 2005).
We also lack jurisdiction to review Ruiz Perez’s contention of IJ bias
because he failed to raise that issue before the BIA and thereby failed to exhaust
his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.
2004) (explaining that this court lacks jurisdiction to review contentions not raised
before the agency).
PETITION FOR REVIEW DISMISSED.
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