Evvers Guevara-Moreno v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION SEP 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EVVERS RAFAEL GUEVARA- No. 08-72110
MORENO,
Agency No. A036-064-070
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Evvers Rafael Guevara-Moreno, a native and citizen of Nicaragua, petitions
for review of the Board of Immigration Appeals’ (“BIA”) decision vacating an
immigration judge’s (“IJ”) decision granting cancellation of removal. Our
*
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).
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law.
Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir. 2009). We deny in part and
dismiss in part the petition for review.
The BIA denied cancellation of removal as a matter of discretion and this
court lacks jurisdiction to review such discretionary decisions. Romero-Torres v.
Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003).
Guevara-Moreno’s contention that the BIA exceeded its authority by
engaging in fact-finding is not persuasive because the BIA reversed the IJ’s
decision as a matter of discretion, based on the facts found by the IJ, and did not
find new facts. See 8 C.F.R. § 1003.1(d)(3)(ii) (“The Board may review questions
of law, discretion, and judgment and all other issues in appeals from decisions of
immigration judges de novo.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-72110