NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 20 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PEDRO OXLAJ LORENZO, No. 17-72053 Petitioner, Agency No. A070-017-152 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2019** Before: McKEOWN, BYBEE, and OWENS, Circuit Judges. Pedro Oxlaj Lorenzo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) denial of special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). 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). We lack jurisdiction to review the agency’s denial of NACARA relief as a matter of discretion. See Monroy v. Lynch, 821 F.3d 1175, 1177-78 (9th Cir. 2016) (8 U.S.C. § 1252(a)(2)(B)(i) bars review of the agency’s discretionary denial of NACARA relief; holding that alien 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, Oxlaj Lorenzo raises no such claim. See id. at 1177. Because the agency’s discretionary denial is dispositive, we do not address Oxlaj Lorenzo’s contentions regarding the proper time period to consider good moral character for NACARA relief. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the courts and the agency are not required to make findings on issues the decision of which is unnecessary to the results). We also lack jurisdiction to consider Oxlaj Lorenzo’s unexhausted contention that the IJ violated due process by not allowing him to challenge whether he was convicted of a second crime involving moral turpitude. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an alien’s administrative proceedings before the agency). PETITION FOR REVIEW DISMISSED. 2 17-72053 17-72053 Court of Appeals for the Ninth Circuit ca9 9th Cir. Pedro Oxlaj Lorenzo v. William Barr 20 May 2019 Agency Unpublished ebc26a74016c6a12e8977c4a737e606bc281e5ee
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