NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALLAN S. YANEZ BARRIO,

Petitioner,

v. MATTHEW G. WHITAKER, Acting Attorney General,

Respondent. No. 16

- 73368 Agency No. A094

- 300

- 310

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted January 15, 2019 **

Before: TROTT, TALLMAN, and CALLAHAN , Circuit Judges.
Allan S. Yanez Barrio, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for
cancellation of removal and special rule cancellation o f removal for battered

* 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 18 2019 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 16

- 73368

spouses . Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales , 400 F.3d 785, 791

- 92 (9th Cir. 2005)

. We deny in part and dismiss in part the petition for review.
We lack jurisdicti on to review the agency ’ s denial of cancellation of removal
in the exercise of discretion

. Vilche z v. Holder , 682 F.3d 1195, 120 0

- 01 (9th Cir. 2012) (the court lacks jurisdiction to review the denial of an application for
cancellation of removal in the exe rcise of discretion)

. Yanez Barrio’s contention
that the BIA engaged in fact

- finding outside the scope of the IJ’s findings is not supported by the record and does not amount to a colorable claim

. See 8 C.F.R. § 1003.1(d)(3)(i v ) ; 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 in ternal quotation marks omitted)). In light of this dispositive determination, we do no t reach Yanez Barrio’s ch allenge to the agency’s denial of cancellation based on lack of exceptional and extremely unusual hardship.
We also do not reach Yanez Barrio’s contention concerning the IJ’s denial of cancellation of removal for failure to establish good moral character because the
BIA did not rely on that ground. See Andia v. Ashcroft , 359 F.3d 1181, 1184 (9th Cir. 2004).
Our jurisdiction to review the agency ’ s denial of special rule cancellation of
removal for battered spouses as a matter of discretion is limited to constitutional3 16

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claims and questions of law, and Yanez Barrio has not shown that the agency erred
in its determination. See Mendez

- Castro v. Mukasey , 552 F.3d 975, 978

- 80 (9th Cir. 2009) (no jurisdiction to review di scretionary denial of cancellation of removal, where IJ applied the proper legal standards and petitioner’s disagreement was not with the standards applied, but with IJ’s application thereof) ; Martinez

Rosas , 424 F.3d at 930 ; Najmabadi v. Holder , 5 97 F.3d 983, 990 (9th Cir. 2010) (BIA only required to “announce its decision in terms sufficient to enable” review)

. In light of this dispositive determination , the BIA did not err in d eclining to
reach Yanez Barrio’s contention s related to extreme hardship , and we do not reach petitioner’s remaining contentions regarding statutory eligibility for special rule
cancellation of removal

. S ee Simeonov v. Ashcroft , 371 F.3d 532, 538 (9th Cir. 2004)

. Yanez Barrio failed to show that the agency vi olated 8 C.F.R. § 1240.21 (c)(1) (2015) where the IJ reserved her decision at the removal hearing on November 18, 2013, because the annual cap had already been met for that fiscal year, and the IJ waited 18 months to issue her decision

. Id. (“ When grants a re no longer available in a fiscal year, further decisions to grant or deny such relief shall be reserved until such time as a grant becomes available under the annual limitation in a subsequent fiscal year.”)

. PETITION FOR REVIEW DENIED in part; DISMISSED in part.