Lanuza

Elsa Emilia Samayoa Lanuza (“Samayoa”) and her daughter, Elsa Lopez Samayoa (“Lopez”), are natives and citizens of Guatemala. They petition for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) decision pretermitting their applications for special rule cancellation of removal under Section 203 of the Nicaraguan and Central American Relief Act of 1997 (NACARA), Pub.L. No. 105-100, 111 Stat. 2160, 2193-2201 (Nov. 19, 1997), amended by Pub.L. No. 105-139, 111 Stat. 2644, 2644-45 (Dec. 2, 1997). To the extent that we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review claims of constitutional violations de novo. Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). We dismiss in part and deny in part.

The government argues, and Samayoa does not contest, that we lack jurisdiction to consider Samayoa’s application for relief. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, § 309 (c)(5)(C)(ii), 110 Stat. 3009 (1996), expressly precludes us from reviewing the BIA’s determination of eligibility for NA-CARA § 203 relief. Section 309(c)(5)(C)(ii) provides that “[a]…