FILED
NOT FOR PUBLICATION JAN 16 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GUSTAVO RAFAEL RIVERA- No. 11-72931
RENDON,
Agency No. A078-000-027
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013 **
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Gustavo Rafael Rivera-Rendon, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for adjustment 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).
status. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition
for review.
We lack jurisdiction to review the BIA’s discretionary denial of adjustment
of status and Rivera-Rendon does not raise a colorable due process challenge to the
BIA’s dispositive discretionary determination. See 8 U.S.C. § 1252(a)(2)(B)(i);
Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006).
Rivera-Rendon’s remaining contentions are not properly before us because
they concern portions of the immigration judge’s decision that the BIA did not rely
upon. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011)
(review is limited to the grounds relied upon by the BIA).
PETITION FOR REVIEW DISMISSED.
2 11-72931