Jose Arias Jovel v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Jose Adalberto Arias Jovel, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal, and denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part, and deny in part, the petitions for review.

We lack jurisdiction to consider Arias Jovel’s challenge to the discretionary denial of his application for cancellation of removal. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009). The agency did not err in admitting evidence regarding Arias Jovel’s criminal history. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 823 (9th Cir.2003) (the sole test for admission of evidence in immigration proceedings is whether the evidence is probative and its admission is fundamentally fair). Arias Jovel’s contention that the BIA’s analysis was inadequate also fails. See Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc) (Burbano affir-mance signifies that the BIA has conducted an independent review of the record and…