Salazar-Luna

MEMORANDUM ***

Jose Antonio Salazar-Luna, a native and citizen of Mexico, was charged with and conceded removability under 8 U.S.C. *321 § 1182 (a)(6)(A)(i), as an alien present in the United States without having been admitted or paroled. He petitions for review of a decision of the Board of Immigration Appeals (BIA), which held that he is statutorily ineligible for cancellation of removal under 8 U.S.C. § 1229b and for voluntary departure under 8 U.S.C. § 1229c(b). He also seeks review of the BIA’s alternative ruling denying voluntary departure as an exercise of discretion. We deny the petition for review.

Jurisdiction in this case is governed by the permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). See 8 U.S.C. § 1252 ; Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). The government contends that IIRIRA’s permanent judicial review provision, 8 U.S.C. § 1252 (a)(2)(B)(i), strips this court of jurisdiction to review all determinations, both discretionary and non-discretionary, regarding cancellation of removal and voluntary departure. That issue has been resolved, however, by our recent decision in Montero-Martinez v.…