Jose Carrasco-Escobar v. Loretta E. Lynch

MEMORANDUM

Jose Manuel Carrasco-Escobar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision pretermitting his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The agency did not err or violate due process by pretermitting Carrasco-Esco-bar’s application for cancellation of removal, where he lacked any qualifying relatives at the time of his final removal hearing. See 8 U.S.C. §§ 1229b(b)(1)(D), 1101(b)(1); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error and prejudice to establish a due process violation); De Mercado v. Mukasey, 566 F.3d 810 , 816 n.5 (9th Cir. 2009) (“[N]o authority ... suggests] that the Constitution provides ... a fundamental right to reside in the United States simply because other [family members] are citizens or lawful permanent residents.”).

We lack jurisdiction to consider Carras-co-Escobar’s…