Calvillo-Martinez

MEMORANDUM ***

Maria Calvillo-Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ”) denial of her application for a waiver under former INA § 212(c). We have partial jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We deny in part and dismiss in part the petition for review.

Calvillo-Martinez’s due process challenge to streamlining is foreclosed by Falcon Carriche v. Aschroft, 350 F.3d 845, 849-50 (9th Cir.2003). We lack jurisdiction to consider Calvillo-Martinez’s regulatory challenge to streamlining because we lack jurisdiction over the discretionary waiver determination she challenges. See id. at 848-49 (holding that the court lacked jurisdiction to consider petitioners’ regulatory challenge to streamlining because the court lacked jurisdiction over petitioners’ underlying hardship determination).

Because Calvillo-Martinez failed to exhaust her administrative remedies with respect to her contention that the IJ did not behave as an impartial adjudicator, we lack jurisdiction to consider this claim.…