Flores

MEMORANDUM **

Tomas Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“U”) denial of his application for cancellation of removal. We lack jurisdiction to review the BIA’s discretionary determination that Flores failed to demonstrate the requisite “exceptional and extremely unusual hardship” pursuant to 8 U.S.C. § 1229b(b)(1)(D). See id. § 1252(a)(2)(B)©; Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We dismiss the petition for review.

Flores’ contention that the IJ applied the wrong hardship standard in reviewing his application is without merit and does not raise a colorable due process challenge. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001) (“To be colorable ... the claim must have some possible validity”); Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999) (“Due process challenges to deportation proceedings require a showing of prejudice to succeed.”).

Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004), petitioner’s motion for stay of removal included a timely request for stay of voluntary departure. Because the stay of removal was…