Franklin Gadat Joaquin 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).
JTK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANKLIN GADAT JOAQUIN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 05-72392
Agency No. A041-874-383
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Franklin Gadat Joaquin, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ order summarily affirming an
FILED
MAR 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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immigration judge’s (“IJ”) decision denying him relief under former section 212(c)
of the Immigration and Nationality Act. We dismiss the petition for review.
We lack jurisdiction to review the IJ’s discretionary decision to deny
Joaquin section 212(c) relief, and he does not raise a colorable constitutional claim
to overcome this jurisdictional bar. See 8 U.S.C. § 1252(a)(2)(B)(ii);
Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007) (“Discretionary
decisions, including whether or not to grant § 212(c) relief, are not reviewable.”).
PETITION FOR REVIEW DISMISSED.

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