Hilma Rodas De Ucan v. Eric Holder, Jr.

MEMORANDUM

Hilma Floridalma Rodas de Ucan, a native and citizen of Guatemala, and Jose Dolores Ucan-Diaz, a native and citizen of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and review for abuse of discretion the BIA’s decision whether to summarily dismiss an appeal. Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). Petitioners’ contentions that the IJ applied an incorrect hardship standard and failed to give adequate consideration to some of their hardship evidence are not supported by the record and do not amount to color-able legal or constitutional claims over which we have jurisdiction. See Mendez-Castro v. Mukasey, 552 F.3d 975, 979-80 (9th…