J. Lopez-Cervantes v. Eric Holder, Jr. , 538 F. App'x 757 ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 16 2013
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
J. JESUS LOPEZ-CERVANTES, a.k.a. No. 12-71167
Jesus Lopez Cervantes, a.k.a Jesus
Cervantes-Lopez, Agency No. A075-128-451
Petitioner,
MEMORANDUM *
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 14, 2013 **
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
J. Jesus Lopez-Cervantes, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order summarily affirming a decision
of an immigration judge (“IJ”) denying his application for cancellation of removal
*
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).
in the exercise of discretion. Our jurisdiction is governed by 8 U.S.C. § 1252. We
dismiss the petition for review.
We lack jurisdiction to review the IJ’s denial of cancellation of removal in
the exercise of discretion. See Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir.
2009) (per curiam). Moreover, Lopez-Cervantes’s contention that the agency
failed to consider his evidence is not a sufficiently colorable constitutional claim or
question of law to trigger our jurisdiction. See Mendez-Castro v. Mukasey,
552 F.3d 975, 978 (9th Cir. 2009) (“To be colorable in this context, the violation
need not be substantial, but the claim must have some possible validity.” (citation
and internal quotation marks omitted)).
PETITION FOR REVIEW DISMISSED.
2 12-71167