Javier Lavin-Delgado 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).
RB/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER LAVIN-DELGADO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-73498
Agency No. A077-323-269
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Javier Lavin-Delgado, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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RB/Research 06-73498 2
immigration judge’s order denying his application for cancellation of removal. We
dismiss the petition for review.
We lack jurisdiction to review the BIA’s discretionary good moral character
determination. See 8 U.S.C. §1252(a)(2)(B)(i); see also Lopez-Castellanos v.
Gonzales, 437 F.3d 848, 854 (9th Cir. 2006) (no jurisdiction to review
discretionary good moral character determinations of agency).
Lavin-Delgado’s due process contention is not colorable, so it does not
invoke our jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th
Cir. 2005) (“traditional abuse of discretion challenges recast as alleged due process
violations do not constitute colorable constitutional claims that would invoke our
jurisdiction.”).
PETITION FOR REVIEW DISMISSED.

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