Walter Cabrera v. Eric Holder, Jr.

MEMORANDUM

Walter Danilo Cabrera, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

The BIA properly determined that Cabrera is subject to the heightened hardship standard under NACARA due to his conviction. 8 C.F.R. § 1240.66 (c). To the extent that Cabrera challenges the BIA’s discretionary determination that he failed to establish the hardship required to qualify for relief under NACARA, we lack jurisdiction. See Ixcot v. Holder, 646 F.3d 1202, 1213-14 (9th Cir. 2011) (the statute expressly precludes the court from reviewing the agency’s eligibility determination for NACARA special rule cancellation of removal). In light of our disposition, we do not reach Cabrera’s remaining contentions regarding his credibility and eligibility for NACARA. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the…