Paola Jimenez Castilla v. Eric Holder, Jr.

MEMORANDUM

Paola Jimenez Castilla and Laura Lilia Jimenez Castilla, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dis missing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review due process claims de novo. Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599-600 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

Petitioners’ contention that the application of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996’s (“IIRIRA”) permanent rules to them is impermissibly retroactive is foreclosed by Jimenez-Angeles, 291 F.3d at 600-02 (IIR-IRA’s elimination of suspension of deportation does not have an impermissibly retroactive effect when applied to aliens who were placed in removal proceedings after IIRIRA went into effect).

Petitioners’ sole contention before the BIA was that the application of IIRIRA violates their right to equal protection; however, petitioners fail to raise, and therefore have waived, any challenge to the BIA’s determination that it did not have the…