Jose Carreon-Lugo v. Eric H. Holder Jr.

MEMORANDUM

Jose Luis Carreon-Lugo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order sustaining the government’s appeal from an immigration judge’s decision granting his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Hernandez v. Mu-kasey, 524 F.3d 1014, 1017 (9th Cir.2008), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Carreon-Lugo failed to show that his removal would result in exceptional and extremely unusual hardship to his qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Carreon-Lugo’s contentions that the BIA engaged in improper factfinding, failed to consider all the evidence, and failed to consider the cumulative impact of his hardship evidence are not supported by the record and do not amount to colorable legal or constitutional claims. See Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir.2009); see also 8 C.F.R. § 1003.1(d)(3)(ii) (BIA may review questions of law, discretion, and judgment de…