Gerardo Garnica-Vargas v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERARDO GARNICA-VARGAS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72576
Agency No. A097-707-983
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Gerardo Garnica-Vargas, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We dismiss the petition for review.
FILED
FEB 14 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72576 2
Because Garnica-Vargas does not challenge that he was convicted of an
aggravated felony, we lack jurisdiction to review the contention that the agency
abused its discretion in denying his request for a continuance to seek post-
conviction relief, because it does not constitute a question of law or constitutional
claim that would establish our jurisdiction. See 8 U.S.C. § 1252(a)(2)(D); see also
Malilia v. Holder, 632 F.3d 598, 604 (9th Cir. 2011) (despite the 8 U.S.C.
§ 1252(a)(2)(C) jurisdictional bar, under 8 U.S.C. § 1252(a)(2)(D) the court retains
jurisdiction to review the denial of a continuance that is based on an error of law).
PETITION FOR REVIEW DISMISSED.

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