Sergio Catalan Alarcon v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO CATALAN ALARCON,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 21-1109
Agency No.
A070-754-677
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Sergio Catalan Alarcon, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s decision denying his application for cancellation
of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the
petition for review.
* 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
JUL 6 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-1109
We lack jurisdiction to review the agency’s discretionary determination
that petitioner failed to establish good moral character during the requisite
period of time. See 8 U.S.C. § 1252(a)(2)(B); 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.
PETITION FOR REVIEW DISMISSED.

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