Enrique Alberto Garcia 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NOT FOR PUBLICATION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
ENRIQUE ALBERTO GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70093
Agency No. A023-545-189
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Enrique Alberto Garcia, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order sustaining the
government’s appeal from an immigration judge’s (“IJ”) decision granting his
FILED
JAN 06 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70093 2
application for relief under the Nicaraguan Adjustment and Central American
Relief Act of 1997 (“NACARA”). We dismiss in part and deny in part the petition
for review.
We lack jurisdiction to review the agency’s discretionary denial of relief
under NACARA. See NACARA, Pub.L. No. 105-100, § 203(b); see also 8 U.S.C.
§ 1252(a)(2)(B).
Contrary to Garcia’s contention, the BIA acted within its regulatory
authority in reviewing the IJ’s factual findings for clear error. See 8 C.F.R.
§ 1003.1(d)(3)(i).
Garcia’s remaining contentions are unavailing.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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