Jose Zavala v. Eric Holder, Jr., No. 10-2110 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2110 JOSE BOANERGE ZAVALA, Petitioner, v. ERIC H. HOLDER, JR.; JANET NAPALITANO, Department of Homeland Security, Secretary of Respondents. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: June 2, 2011 Decided: June 29, 2011 Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Joe W. Nesari, JW LAW, P.C., Herndon, Virginia, for Tony West, Assistant Attorney General, David Assistant Director, Lindsay W. Zimliki, Office of Litigation, UNITED STATES DEPARTMENT OF JUSTICE, D.C., for Respondent. Petitioner. V. Bernal, Immigration Washington, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jose Boanerge Zavala, a native and citizen of El Salvador, seeks review of an order of the Board of Immigration Appeals (Board) dismissing his appeal of the Immigration Judge s decision denying, as a application for a Immigration and matter waiver Nationality under of discretion, former Act. Zavala s § 212(c) Because of Zavala the is an aggravated felon, we lack jurisdiction to review his order of removal, see 8 U.S.C. § 1252(a)(2)(C) (2006), except to the extent Zavala raises constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(D) (2006). We have reviewed the administrative record and Zavala s claim that he was denied due process at his removal hearing, and we find that his claim lacks merit. See Anim v. Mukasey, 535 F.3d 243, 256 (4th Cir. 2008); Dekoladenu v. Gonzales, 459 F.3d 500, 508 (4th Cir. 2006). Accordingly, we deny the petition for review for the reasons stated by the Board. We dispense with See In re: Zavala (B.I.A. Sept. 3, 2010). oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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