JOSE GARCIA V. WILLIAM BARR, No. 16-71889 (9th Cir. 2019)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FEB 21 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE LUIS GARCIA, AKA Jose Luis Garcia Morales, No. U.S. COURT OF APPEALS 16-71889 Agency No. A092-263-093 Petitioner, MEMORANDUM* v. WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges. Jose Luis Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ reissued decision adopting and affirming an immigration judge’s removal order. 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). Assuming the agency’s denial of a waiver of inadmissibility under former INA § 212(c) is under review, we lack jurisdiction to review this discretionary determination. See Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007). Garcia does not raise a colorable legal or constitutional claim to invoke our jurisdiction. See id. (abuse of discretion challenges, even if cast as legal errors, are not colorable claims). PETITION FOR REVIEW DISMISSED. 2 16-71889

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.