Jorge Alcaraz Pineda v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE ALCARAZ PINEDA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-70132
Agency No. A206-208-169
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Jorge Alcaraz Pineda, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ’s”) decision denying his application for
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 24 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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dismiss the petition for review.
We lack jurisdiction to review the BIA’s decision to deny Alcaraz Pineda’s
application for cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i); see also
Patel v. Garland, 142 S. Ct. 1614, 1622-23 (2022) (where the agency denies a
form of relief listed in 8 U.S.C. § 1252(a)(2)(B)(i), federal courts have jurisdiction
to review constitutional claims and questions of law, but not factual findings and
discretionary decisions). The petition does not raise a colorable legal or
constitutional claim over which we retain jurisdiction. See 8 U.S.C.
§ 1252(a)(2)(D).
The temporary stay of removal remains in place until the mandate
issues. The motion for a stay of removal is otherwise denied.
PETITION FOR REVIEW DISMISSED.

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