FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROGELIO GONZALEZ, No. 05-76074
Petitioner, Agency No. A090-829-855
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Rogelio Gonzalez, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
*
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).
KS/Research
judge’s decision denying him relief under former Immigration and Nationality Act
§ 212(c). We dismiss the petition for review.
We lack jurisdiction to review the agency’s dispositive discretionary
decision to deny Gonzalez section 212(c) relief, and he does not raise a colorable
constitutional claim to overcome this jurisdictional bar. See 8 U.S.C.
§ 1252(a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir.
2007) (“Discretionary decisions, including whether or not to grant § 212(c) relief,
are not reviewable.”).
PETITION FOR REVIEW DISMISSED.
KS/Research 2 05-76074