Ernesto Bayle De Vega, a.k.a. Ernesto Bayle Vega, a.k.a. Ernie Devega 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NOT FOR PUBLICATION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
ERNESTO BAYLE DE VEGA, a.k.a.
Ernesto Bayle Vega, a.k.a. Ernie Devega,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73116
Agency No. A027-138-284
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Ernesto Bayle De Vega, a native and citizen of the Philippines, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s (“IJ”) removal order. We dismiss the petition for
review.
FILED
OCT 13 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73116 2
We lack jurisdiction to review the agency’s discretionary denial of De
Vega’s cancellation of removal application because De Vega has not raised a
colorable constitutional or legal challenge to that determination. See Bermudez v.
Holder, 586 F.3d 1167, 1169 (9th Cir. 2009) (per curiam). In light of our
disposition, we need not reach De Vega’s contentions regarding his statutory
eligibility for cancellation of removal.
We also lack jurisdiction to review De Vega’s contention that the IJ violated
due process by not granting him a continuance because he failed to exhaust it
before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
PETITION FOR REVIEW DISMISSED.

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