Robinson Galapin Lat v. ERIC H. HOLDER Jr., Attorney General

07-73464Court of Appeals for the Ninth CircuitApr 19, 2010

Full text

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NOT FOR PUBLICATION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
ROBINSON GALAPIN LAT,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73464
Agency No. A037-966-882
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Robinson Galapin Lat, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order sustaining the
government’s appeal from an immigration judge’s decision granting Lat
FILED
APR 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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cancellation of removal for legal permanent residents. We dismiss the petition for
review.
We lack jurisdiction to review the BIA’s discretionary denial of Lat’s
application for cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i).
We also lack jurisdiction over Lat’s constitutional challenges to 8 U.S.C.
§ 1252(a)(2)(B)(i), because in light of our precedent the claims are not colorable.
See De Mercado v. Mukasey, 566 F.3d 810, 816 (9th Cir. 2009); Kalaw v. INS, 133
F.3d 1147, 1152 (9th Cir. 1997), superseded by statute on other grounds as stated
in Trejo-Mejia v. Holder, 593 F.3d 913, 915 (9th Cir. 2010).
PETITION FOR REVIEW DISMISSED.

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