Cardenas-Morfin

MEMORANDUM *

Sergio Cardenas-Morfin (“Cardenas”) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) that affirmed the Immigration Judge’s (“I J”) denial of his application for cancellation of removal and voluntary departure. 1 Cardenas alleges that his constitutional right to due process was violated because he was denied a full and fair hearing by *631 the IJ. His petition for review arises under 8 U.S.C. § 1252 , which bars us from reviewing denials of discretionary relief under § 1229b (cancellation of removal) and § 1229c (voluntary departure). See 8 U.S.C. § 1252 (a)(2)(B)(i). However, “[w]e retain jurisdiction to review constitutional claims, even when those claims address a discretionary decision.” Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004 (9th Cir.2003). Because the IJ deprived Cardenas of his due process right to a full and fair hearing, we grant the petition and remand for further proceedings.

“We review de novo due process challenges to immigration decisions.” Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). “Due process requires that an alien receive a full and fair hearing” and be allowed to “present personal testimony in…