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Pak v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 20, 2017
No. 15-73074 (9th Cir. Apr. 20, 2017)

Opinion

No. 15-73074

04-20-2017

IN KYUNG PAK, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A038-662-918 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

In Kyung Pak, a native and citizen of South Korea, petitions 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 for legal permanent residents. We dismiss the petition for review.

We lack jurisdiction to review the agency's denial of cancellation of removal as a matter of discretion. See 8 U.S.C. § 1252(a)(2)(B)(i); Monroy v. Lynch, 821 F.3d 1175, 1177-78 (9th Cir. 2016) (holding that petitioner did not raise a reviewable issue because "he simply disagrees with the agency's weighing of his positive equities and the negative factors").

Although the court would retain jurisdiction over colorable questions of law and constitutional claims, Pak's contentions that the agency failed to consider or properly analyze relevant evidence, or apply the correct legal standard are not supported by the record and do not amount to colorable claims. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). ("To be colorable in this context, . . . the claim must have some possible validity." (citation and internal quotation marks omitted)).

PETITION FOR REVIEW DISMISSED.


Summaries of

Pak v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 20, 2017
No. 15-73074 (9th Cir. Apr. 20, 2017)
Case details for

Pak v. Sessions

Case Details

Full title:IN KYUNG PAK, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 20, 2017

Citations

No. 15-73074 (9th Cir. Apr. 20, 2017)