Lopez-Vazquez

MEMORANDUM **

Lourdes Lopez-Vazquez appeals the denial of her application for cancellation of removal. An Immigration Judge (“IJ”) found that she had not shown that removal would result in exceptional and extremely unusual hardship to her three American children. The Board of Immigration Appeals (“BIA”) affirmed without opinion. We have jurisdiction over portions of Lopez-Vazquez’s petition pursuant to 8 U.S.C. § 1252 , and we deny the petition. As the parties are familiar with the facts, we do not recount them here except as necessary.

Lopez-Vazquez first argues that a directive by the Office of the Chief Immigration Judge not to accept Orders to Show Cause filed after the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) constituted rulemaking without the required notice and comment. The crux of this *696 argument is that IIRIRA left a “gap” as to when an alien was “in deportation proceedings,” the directive filled this gap, and it consequently was rulemaking that required notice and comment. However, Martinez-Garcia v. Ashcroft, 366 F.3d 732 (9th Cir.2004), which came down after the parties filed their briefs, rejected this argument…