Gurbir Gill v. Eric Holder, Jr. , 485 F. App'x 865 ( 2012 )

FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GURBIR SINGH GILL, a.k.a. Baldev No. 11-70756
Singh,
Agency No. A072-683-982
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Gurbir Singh Gill, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252.
*
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).
We review de novo questions of law. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th
Cir. 2008). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the agency’s discretionary decision to deny
Singh Gill’s application for a section 212(i) waiver where Singh Gill fails to raise a
colorable constitutional claim or question of law. See Corona-Mendez v. Holder,
593 F.3d 1143, 1146 (9th Cir. 2010) (no court has jurisdiction to review any
discretionary judgment regarding 212(i), unless review of the petition involves
constitutional claims or questions of law).
Singh Gill’s contention that the IJ violated due process by failing to
adjudicate his applications for asylum, withholding of removal, and protection
under the Convention Against Torture is not supported by the record because
Singh Gill waived or abandoned those applications for relief. See Lata v. INS, 204
F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error and substantial
prejudice to establish a due process violation).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 11-70756