Vargas-Pueblo v. Gonzales

Filing 920070425

Opinion

Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 25, 2007 Charles R. Fulbruge III Clerk No. 06-60450 Summary Calendar MARTIN VARGAS-PUEBLO, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A91 054 152 -------------------Before DeMoss, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Martin Vargas-Pueblo, a native and citizen of Mexico, filed a petition for review in this court challenging the Board of Immigration Appeals' (BIA) decision affirming the Immigration Judge's (IJ) denial of relief under former § 212(c) of the Immigration and Nationality Act. The REAL ID Act generally precludes judicial review of discretionary decisions of the Attorney General, including the grant or denial of a waiver of removability. 8 U.S.C. § 1252(a)(2)(B)(ii); see Gutierrez-Morales v. Homan, 461 F.3d Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 06-60450 -2605, 609 (5th Cir. 2006). However, none of these provisions "shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review . . . ." § 1252(a)(2)(D). Vargas argues that the BIA erred when it affirmed the IJ's denial of § 212(c) relief. He claims that the IJ's improper bias However, Vargas's claim is against him violated due process. unavailing. Section 212(c) relief is available only within the broad discretion of the Attorney General and is not "a right that is protected by due process." See United States v. Lopez-Ortiz, Therefore, this court lacks 313 F.3d 225, 231 (5th Cir. 2002). jurisdiction to review Vargas's challenge to the BIA's decision affirming the IJ's denial of his application for § 212(c) relief. Accordingly, the petition is DISMISSED for lack of jurisdiction.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?