Lindolfo Alvarenga-Torres v. Eric Holder, Jr.

MEMORANDUM

Lindolfo Alvarenga-Torres, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal, asylum, and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion denials of motions to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007), and for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Alvaren-ga-Torres failed to make the requisite showing of exceptional and extremely unusual hardship to be eligible for cancellation of removal. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). We reject Alvarenga-Torres’s contention that it was impermissible for the agency to consider potential alternative means of immigrating to the United States in its hardship determination. Accordingly, we dismiss the petition as to…