Bracamontes

MEMORANDUM **

Erika Bracamontes, a native and citizen of Mexico, petitions for review of a final *321 decision by the Board of Immigration Appeals (BIA) denying her request to reopen removal proceedings to permit her to establish eligibility for cancellation of removal and adjustment of status based on her marriage to a United States citizen. We grant the petition for review and remand for further proceedings.

DISCUSSION

The Attorney General contends we lack jurisdiction to review the denial of a motion to reopen because 8 U.S.C. § 1252 (a)(2)(B)(i) precludes judicial review of the BIA’s determination of “exceptional and extremely unusual hardship.” We have held that such determinations are subjective and discretionary and therefore barred from direct judicial review by § 1252(a)(2)(B)(i). See Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003). Nonetheless, we have repeatedly held this statutory bar does not apply to the BIA’s denial of a motion to reopen. See de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004) (‘We have subject matter jurisdiction to hear a petition for review of a decision of the BIA denying a motion to reopen.”); Medina-Morales v. Ashcroft,…