Gustavo Rafael Rivera- Rendon v. ERIC H. HOLDER, Jr., Attorney General

11-72931Court of Appeals for the Ninth Circuit16 gen 2013

Testo completo

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NOT FOR PUBLICATION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
GUSTAVO RAFAEL RIVERA-
RENDON,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72931
Agency No. A078-000-027
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Gustavo Rafael Rivera-Rendon, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for adjustment of
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72931 2
status. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition
for review.
We lack jurisdiction to review the BIA’s discretionary denial of adjustment
of status and Rivera-Rendon does not raise a colorable due process challenge to the
BIA’s dispositive discretionary determination. See 8 U.S.C. § 1252(a)(2)(B)(i);
Bazua-Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006).
Rivera-Rendon’s remaining contentions are not properly before us because
they concern portions of the immigration judge’s decision that the BIA did not rely
upon. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011)
(review is limited to the grounds relied upon by the BIA).
PETITION FOR REVIEW DISMISSED.

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