Baca-Leon

MEMORANDUM **

Gerardo Baca-Leon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, the immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction to review Petitioner’s due process claims under 8 U.S.C. § 1252 . We review claims of due process violations in immigration proceedings de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we dismiss in part, and deny in part the petition for review.

To the extent that Petitioner challenges the BIA’s streamlining procedure, his argument is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003).

The Petitioner’s challenge to the IJ’s hardship determination is also foreclosed by Falcon Carriche , which held that this Court “may not review whether an alien has demonstrated ‘exceptional and extremely unusual hardship’ because this inquiry is discretionary in nature,” and this Court lacks jurisdiction over such discretionary decisions. Id. at 853 (citing Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003)).

To the extent Petitioner contends that the IJ denied him due…