Martinez-De Anda v. Ashcroft

MEMORANDUM **

Jose Enrique Martinez-De Anda, a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) decision denying Martinez-De Anda’s application for cancellation of removal and request for voluntary departure. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the denial of the cancellation application because the IJ’s decision was based, in part, on its conclusion that Martinez-De Anda had not demonstrated the requisite “exceptional and extremely unusual hardship.” See 8 U.S.C. § 1252 (a)(2)(B); Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003).

We also lack jurisdiction to review the IJ’s discretionary denial of Martinez-De Anda’s request for voluntary departure. See 8 U.S.C. § 1252 (a)(2)(B); Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1165 (9th Cir.2002).

We reject Martinez-De Anda’s contention that the BIA denied him due process by failing to remand the case to the IJ to present evidence under the new standard for “exceptional and extremely unusual hardship” announced in Matter of Monreal, 23 I. & N. Dec.…