Jose Zavala v. Eric Holder, Jr. , 436 F. App'x 276 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2110
JOSE BOANERGE ZAVALA,
Petitioner,
v.
ERIC H. HOLDER, JR.; JANET NAPALITANO, Secretary of
Department of Homeland Security,
Respondents.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 2, 2011 Decided: June 29, 2011
Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Joe W. Nesari, JW LAW, P.C., Herndon, Virginia, for Petitioner.
Tony West, Assistant Attorney General, David V. Bernal,
Assistant Director, Lindsay W. Zimliki, Office of Immigration
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Boanerge Zavala, a native and citizen of El
Salvador, seeks review of an order of the Board of Immigration
Appeals (Board) dismissing his appeal of the Immigration Judge’s
decision denying, as a matter of discretion, Zavala’s
application for a waiver under former § 212(c) of the
Immigration and Nationality Act. Because Zavala is an
aggravated felon, we lack jurisdiction to review his order of
removal, see 8 U.S.C. § 1252(a)(2)(C) (2006), except to the
extent Zavala raises constitutional claims and questions of law.
See 8 U.S.C. § 1252(a)(2)(D) (2006). We have reviewed the
administrative record and Zavala’s claim that he was denied due
process at his removal hearing, and we find that his claim lacks
merit. See Anim v. Mukasey, 535 F.3d 243, 256 (4th Cir. 2008);
Dekoladenu v. Gonzales, 459 F.3d 500, 508 (4th Cir. 2006).
Accordingly, we deny the petition for review for the reasons
stated by the Board. See In re: Zavala (B.I.A. Sept. 3, 2010).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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