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Pinzon-Medina v. Gonzales

United States Court of Appeals, Ninth Circuit
Apr 30, 2007
231 F. App'x 545 (9th Cir. 2007)

Opinion

No. 06-72738.

Submitted April 16, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed April 30, 2007.

CAS-District Counsel, Office of the District Counsel Department of Homeland Security, San Diego, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, OIL, Robert N. Markle, Esq., DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A30-663-363.

Before: O'SCANNLAIN, GRABER, and CLIFTON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Ruben Carlos Pinzon-Medina seeks review of an order of the Board of Immigration Appeals upholding an immigration judge's order denying his application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency's determination that Pinzon-Medina did not warrant cancellation of removal as a matter of discretion. See 8 U.S.C. § 1252(a)(2)(B)(i) (the court lacks jurisdiction to review any judgment regarding the discretionary denial of relief under 8 U.S.C. § 1229b); see also Hosseini v. Gonzales, 471 F.3d 953, 956-57 (9th Cir. 2006) (explaining "the REAL ID Act does not restore [] jurisdiction [where the petitioner] does not argue that the BIA's discretionary denial was unconstitutional or unlawful").

We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). Pinzon-Medina's due process arguments fail because he did not show that the testimony about the pastor's letter caused prejudice, see Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000), and because the agency may look to evidence outside the record of conviction to determine whether discretion should be favorably exercised, cf. Tokatly v. Ashcroft, 371 F.3d 613, 621 (9th Cir. 2004).

PETITION FOR REVIEW DISMISSED in part and DENIED in part.


Summaries of

Pinzon-Medina v. Gonzales

United States Court of Appeals, Ninth Circuit
Apr 30, 2007
231 F. App'x 545 (9th Cir. 2007)
Case details for

Pinzon-Medina v. Gonzales

Case Details

Full title:Ruben Carlos PINZON-MEDINA, Petitioner, v. Alberto R. GONZALES, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 30, 2007

Citations

231 F. App'x 545 (9th Cir. 2007)