Jose Reyes-Morfin v. Merrick Garland ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 26 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE IGNACIO REYES-MORFIN, No. 20-73698
Petitioner, Agency No. A047-734-518
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Jose Ignacio Reyes-Morfin, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ order sustaining the Department
of Homeland Security’s appeal from an immigration judge’s decision granting his
application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C.
*
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).
§ 1252. We dismiss the petition for review.
We lack jurisdiction to review the BIA’s discretionary decision to deny
cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i); see also Szonyi v. Barr,
942 F.3d 874, 896 (9th Cir. 2019) (“This court lacks jurisdiction to review the
merits of a discretionary decision to deny cancellation of removal . . . .”). The
petition does not raise a colorable legal or constitutional claim over which we
retain jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); Martinez-Rosas v. Gonzales, 424
F.3d 926, 930 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED.
2 20-73698