Guillermo Gaspar Salgado v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUILLERMO GASPAR SALGADO,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 21-70691
Agency No. A075-674-576
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Guillermo Gaspar Salgado, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order sustaining the Department of
Homeland Security’s appeal from an immigration judge’s (“IJ”) decision granting
his application for cancellation of removal. Our jurisdiction is governed by
* 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).
FILED
JAN 27 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-70691
8 U.S.C. § 1252. We dismiss the petition for review.
We lack jurisdiction to review the BIA’s discretionary decision to deny
Gaspar Salgado’s application for cancellation of removal. See 8 U.S.C.
§ 1252(a)(2)(B)(i); see also Szonyi v. Barr, 942 F.3d 874, 896 (9th Cir. 2019)
(“This court lacks jurisdiction to review the merits of a discretionary decision to
deny cancellation of removal . . . .”). The petition does not raise a colorable legal
or constitutional claim over which we retain jurisdiction. See 8 U.S.C.
§ 1252(a)(2)(D); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005);
see also Gutierrez v. Holder, 662 F.3d 1083, 1091 (9th Cir. 2011) (“In a
deportation hearing there is no prohibition against drawing an adverse inference
when a petitioner invokes his Fifth Amendment right against self-incrimination.”
(citation omitted)).
PETITION FOR REVIEW DISMISSED.

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