Romero-Perez
Romero-Perez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Emilio Romero-Perez (“Romero-Perez”), a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“Board”). The Board order dismissed Romero-Perez’s appeal from an immigration judge’s denial of Romero-Perez’s application for cancellation of removal under Section 240A(b) of the Immigration and Nationality Act (“INA”).
We lack jurisdiction to review the Board’s determination that Romero-Perez failed to establish the requisite hardship, a discretionary determination ineligible for appellate review under INA section 242(a)(2)(B)(i), 8 U.S.C. § 1252 (a)(2)(B)(i). See Romero-Torres v. Ashcroft, 827 F.3d 887, 888 (9th Cir.2003)(charaeterizing the “exceptional and extremely unusual hardship” determination as “a subjective, discretionary judgment that has been carved out of [the court’s] appellate jurisdiction”).
Additionally, Romero-Perez’s due process claims fail, since he did not properly present them to the Board. “[C]orrectable procedural errors” — even those that implicate due process concerns—must be presented to the Board before being raised in this court. Liu v. Waters, 55 F.3d 421, 425-26 (9th Cir.1995).