Lomeli-Robles v. Holder

FILED NOT FOR PUBLICATION MAR 24 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAUL LOMELI-ROBLES, No. 07-72014 Petitioner, Agency No. A013-696-291 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges. Raul Lomeli-Robles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for relief under former § 212(c) of * 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). JTK/Research the Immigration and Nationality Act. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law, Mielewczyk v. Holder, 575 F.3d 992, 994 (9th Cir. 2009), and we dismiss in part and deny in part the petition for review. We lack jurisdiction to review the IJ’s discretionary denial of Lomeli- Robles’ application for § 212(c) relief. See 8 U.S.C. § 1252(a)(2)(B)(ii); Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007). Lomeli-Robles’ contention that the IJ applied an incorrect legal standard in adjudicating his application for § 212(c) relief is not persuasive. PETITION FOR REVIEW DISMISSED in part; DENIED in part. JTK/Research 2 07-72014