Abundez-Abundez

MEMORANDUM

In these consolidated petitions for review, Jose Abundez-Abundez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order, and the BIA’s order denying his subsequent motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of due process violations in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). In No. 06-74755, we dismiss in part and deny in part the petition for review, and in No. 07-70892, we deny the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Abundez-Abundez failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Abundez-Abundez’s claim that the IJ violated his due process rights by refusing to consider new hardship evidence on remand fails in light of the BIA’s subsequent con sideration of the evidence on appeal. See Colmenar v. INS, 210 F.3d 967, 972 (9th…