Javier Delgado-Torres 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
LA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER DELGADO-TORRES,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-70546
Agency No. A092-208-782
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Javier Delgado-Torres, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
FILED
DEC 07 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

LA/Research 06-70546 2
immigration judge’s decision denying his application for a waiver of
inadmissibility. We dismiss the petition for review.
We lack jurisdiction to review the agency’s discretionary decision to deny
Delgado-Torres a waiver of inadmissibility under § 212(h) of the Immigration and
Naturalization Act. See Mejia v. Gonzales, 499 F.3d 991, 999 (9th Cir. 2007)
(holding that 8 U.S.C. § 1252(a)(2)(B)(i) precludes the court from reviewing the
agency’s decision under § 212(h)).
Delgado-Torres’ contention that the agency deprived him of due process by
misapplying the law to the facts of his case is not supported by the record and does
not state a colorable due process claim. See Bazua-Cota v. Gonzales, 466 F.3d
747, 749 (9th Cir. 2006) (per curiam).
PETITION FOR REVIEW DISMISSED.

-- 2 of 2 --