Daniel Rene Fuentes-Centeno 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).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL RENE FUENTES-CENTENO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73331
Agency No. A076-936-702
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: PREGERSON, LEAVY, and RAWLINSON, Circuit Judges.
Daniel Rene Fuentes-Centeno, a native and citizen of Nicaragua, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his application for relief under the
FILED
MAR 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NHY/Research 07-73331 2
Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”).
We dismiss the petition for review.
The agency determined that Fuentes-Centeno failed to establish eligibility
for relief under NACARA because he did not prove his continuous physical
presence in United States commenced prior to December 1, 1995. We lack
jurisdiction to review the agency’s determination. See NACARA, Pub. L. No.
105-100, § 202(f), 111 Stat. 2160, 2196 (Nov. 19, 1997) (“A determination by the
Attorney General as to whether the status of an alien should be adjusted under this
section is final and shall not be subject to review by any court.”).
The agency denied Fuentes-Centeno voluntary departure as a matter of
discretion. We lack jurisdiction to review such discretionary determinations. See 8
U.S.C. § 1252(a)(2)(B)(i); Galeana-Mendoza v. Gonzales, 465 F.3d 1054, 1056
n.5 (9th Cir. 2006).
PETITION FOR REVIEW DISMISSED.

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