FILED
NOT FOR PUBLICATION OCT 04 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MERLY ZUCELLY GARCIA-PEREZ, No. 15-73515
Petitioner, Agency No. A074-802-423
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Merly Zucelly Garcia-Perez, a native and citizen of Guatemala, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing her appeal
from an immigration judge’s order of removal. Our jurisdiction is governed by 8
U.S.C. § 1252. We review de novo questions of law. Simeonov v. Ashcroft, 371
*
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).
F.3d 532, 535 (9th Cir. 2004). We dismiss in part and deny in part the petition for
review.
We lack jurisdiction to review the agency’s decision to deny as a matter of
discretion Garcia-Perez’s request for a waiver of inadmissibility under Immigration
and Nationality Act § 212(h), 8 U.S.C. § 1182(h). See 8 U.S.C. § 1252(a)(2)(B);
Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir. 2007). Garcia-Perez’s contention
that the agency failed to consider certain positive equities is not supported by the
record and does not amount to a colorable legal or constitutional claim over which
we have jurisdiction. See Mejia, 499 F.3d at 999.
The agency properly determined that Garcia-Perez was ineligible for
cancellation of removal because she had previously received suspension of
deportation. See 8 U.S.C. § 1229b(c)(6).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 15-73515