NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 1 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WON SIK CHUNG, No. 20-73337
Petitioner, Agency No. A214-669-908
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
Won Sik Chung, a native and citizen of South Korea, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for adjustment of
status. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
for review.
We lack jurisdiction to review Chung’s challenges to the IJ’s denial of
adjustment of status where the IJ denied relief as a matter of discretion. See 8
U.S.C. § 1252(a)(2)(B)(i); see also Ortega-Cervantes v. Gonzales, 501 F.3d 1111,
1113 (9th Cir. 2007) (recognizing court generally lacks jurisdiction to review
discretionary denial of adjustment of status). Although the court retains
jurisdiction over questions of law, Chung’s contentions do not amount to colorable
claims that would invoke our jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Bazua-
Cota v. Gonzales, 466 F.3d 747, 749 (9th Cir. 2006) (disagreement with weighing
of equities is not colorable question of law).
We reject as unsupported by the record Chung’s contentions that the agency
applied the incorrect standard in declining to exercise its discretion or otherwise
erred in its analysis of his case.
The temporary stay of removal remains in place until issuance of the
mandate. The motion for a stay of removal is otherwise denied.
PETITION FOR REVIEW DISMISSED.
2 20-73337