Cabral-Cabral

MEMORANDUM

Jose Lidio Cabral-Cabral, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for a § 212(h) waiver of inadmissibility. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), and we deny in part and dismiss in part the petition for review.

Cabral-Cabral’s contention concerning the retroactive application of 8 C.F.R. § 212.7 (d) is foreclosed by Mejia v. Gonzales, 499 F.3d 991, 997-99 (9th Cir.2007). Cabral-Cabral’s contention that his conviction under California Penal Code § 288(a) is not a crime of violence is also foreclosed. Mejia, 499 F.3d at 999 .

We lack jurisdiction to review the IJ’s discretionary denial of Cabral-Cabral’s application for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act. See 8 U.S.C. § 1252 (a)(2)(B)(i); Mejia, 499 F.3d at 999 . Cabral-Cabral’s contention that the IJ violated his due process rights by disregarding his evidence of hardship to his wife and…