Salazar v. Holder

FILED NOT FOR PUBLICATION APR 19 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT OSWALDO ANTONIO SALAZAR, No. 07-74956 Petitioner, Agency No. A073-967-205 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2010 ** Before: RYMER, McKEOWN, and PAEZ, Circuit Judges. Oswaldo Antonio Salazar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for a waiver 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). inadmissibility under Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182(h). Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. We lack jurisdiction to review the agency’s dispositive discretionary determination that Salazar did not merit a grant of § 212(h) relief. See 8 U.S.C. § 1252(a)(2)(B)(i); Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir. 2007). Salazar’s remaining contentions are not persuasive. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 07-74956