Gonzalez-Santana

MEMORANDUM **

Maria del Rosario Gonzalez-Santana, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of her request for suspension of deportation pursuant to § 244(a)(1) of the Immigration *870 and Naturalization Act (“INA”), 8 U.S.C. § 1254 (a)(1) (now repealed). Both the IJ and BIA concluded that Petitioner would not suffer an extreme hardship if she returned to Mexico. Petitioner asserts that the BIA violated her right to due process by waiting six years to render its decision and by relying on facts which changed materially during this period.

Our jurisdiction in this case is governed by the transitional rules in § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009-546 (Sept. 30, 1996) (“IIRIRA”). Under these rules, we lack jurisdiction to review the discretionary determination whether an alien seeking suspension of deportation has met the statutory eligibility requirement of “extreme hardship.” Sanchez-Cruz v. INS, 255 F.3d 775 (9th Cir.2001). We, however, retain jurisdiction to review a due…