Castro-Saravia

MEMORANDUM *

Petitioner appeals a decision by the Board of Immigration Appeals (“BIA”) affirming a decision of an Immigration Judge (“IJ”) denying petitioner’s application for cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”), Pub.L. No. 105-100, 111 Stat. 2160, as amended by Pub.L. No. 105-139, 111 Stat. 2644. We have jurisdiction to review legal, nondiscretionary determinations of the BIA and any constitutional claims. 8 U.S.C. § 1252 (b); see Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir. 2002); Antonio-Cruz v. INS, 147 F.3d 1129, 1130 (9th Cir.1998).

The BIA affirmed the IJ’s denial of cancellation of removal on two separate grounds: (1) that the government had overcome petitioner’s presumption of extreme hardship upon removal; and (2) as a discretionary determination, that petitioner should not receive the extraordinary remedy of cancellation of removal because he had committed a gang-related murder when he was a juvenile. Even assuming that the BIA’s application of NACARA’s presumption of extreme hardship were a renewable determination, we are still divested of jurisdiction to review the denial of…