Joao Avelino Meneses Pedro, a.k.a. John Pedro v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOAO AVELINO MENESES PEDRO,
a.k.a. John Pedro,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73559
Agency No. A036-066-382
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Joao Avelino Meneses Pedro, a native and citizen of Portugal, petitions for
review of an order of the Board of Immigration Appeals (“BIA”) denying his
motion to reopen removal proceedings. We dismiss the petition for review.
FILED
JUL 30 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Meneses Pedro’s undisputed removability for an aggravated-felony
conviction under 8 U.S.C. § 1227(a)(2)(A)(iii) limits our jurisdiction to colorable
constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(C)-(D); see
also Ghahremani v. Gonzales, 498 F.3d 993, 998 n.5 (9th Cir. 2007)
(“[W]ithdrawal of judicial review over final orders of deportation also withdraws
jurisdiction from motions . . . to reopen deportation proceedings for those aliens
deportable for having committed a crime enumerated in the statute.” (citation
omitted)).
Meneses Pedro has failed to raise a colorable constitutional claim or
question of law that would invoke our jurisdiction under 8 U.S.C. § 1252(a)(2)(D).
See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir. 2009) (“To be
colorable in this context, the [constitutional claim or question of law] need not be
substantial, but the claim must have some possible validity.” (citation omitted)).
PETITION FOR REVIEW DISMISSED.
12-73559 2

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